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What Happens if You Do Not Have Advance Directives in Place?

Advance directives are an important part of any estate plan, but not everyone has them in place for their future. As a result, they may not be ready for a potential circumstances that could arise requiring their loved ones scrambling to deal with the situations over which no one has control or authority.

Continue reading “What Happens if You Do Not Have Advance Directives in Place?”

The Benefit of Advance Directives

One of the inevitable realities of getting older is that, eventually, you may not be able to make decisions on your own behalf anymore. When that happens, the plans you have in place will determine how well you can ensure you are taken care of in your later years. It is for this reason that you should strongly consider preparing advance directives as soon as possible.  Advance Directives will ensure your interests are protected when you can no longer take care of your own needs. Continue reading “The Benefit of Advance Directives”

Healthcare Proxy vs. Living Will

Advance directives are among the most important steps you can take when protecting yourself in the event of possible incapacity. Among these advance directives, two are particularly relevant during the coronavirus pandemic: the healthcare proxy, and the living will. But what are these advance directives, and how do you know which ones are appropriate for you and your needs? Continue reading “Healthcare Proxy vs. Living Will”

Is a Healthcare Proxy Right for You?

Right now, people are understandably concerned about their health and the health of their loved ones. When a crisis comes, people want to know that they and the people they care about will be taken care of if they are unable to make their own healthcare decisions. It’s for these types of emergencies that you should consider a healthcare proxy. Continue reading “Is a Healthcare Proxy Right for You?”

Considering Advance Directives

If you or a loved one are advancing in age, or if your health is deteriorating, it may be wise to investigate the possibility of advance directives. Broadly speaking, advance directives are legal documents that convey your desires, if you are incapable of making those desires known yourself. The term “advance directives” generally covers four kinds of documents: living wills, health care proxies, powers of attorney, and Do Not Resuscitate orders (DNRs). Continue reading “Considering Advance Directives”

A Living Will vs. A Healthcare Proxy

A Living Will is often confused with a Healthcare Proxy and vice versa by many individuals. Although both provide advance directives regarding medical decisions, they both are separate documents with distinct features and purposes.

It is vital to become aware of these terms, what they mean, and the impact both documents can have on your life and the lives of your loved ones. Get informed and ensure that your legal rights are protected.

A Living Will

A Living Will is a written statement of an individual’s wishes regarding medical treatment. This document is created to define a person’s specific plan as to how their health care will be handled if they are gravely ill or incapacitated in the hospital. The primary issue to be determined in a Living Will is whether a person wishes to be put on life support, and what type of life-preserving measures should be taken.

A Living Will is vitally important not only for the ill person, but for the family. Without a Living Will, a physician may call upon the family members to make very difficult judgment calls. These types of matters have been increasingly more common with advancements in medical science, and the increased ability to extend life.

Living Wills give detailed instructions regarding medical treatment if an individual is in a persistent vegetative state, in a coma, or otherwise unable to communicate how she wants his/her medical treatment handled. Perhaps a person does not believe in being kept alive by artificial means, particularly if there is no hope of recovery. A Living Will stating this fact would give this person control over their own health care when they are unable to express their own wishes.

A Healthcare Proxy

A Healthcare Proxy varies from a Living Will in that a Health Care Proxy appoints a particular person to speak on your behalf regarding medical decisions, if you are in a situation where you can’t make them yourself. The idea behind a Health Care Proxy is that someone makes the decisions you would have made, had you been able to do so.

You must choose your proxy thoughtfully since he/she will be acting on your behalf. After appointing your proxy, it is extremely important to discuss your wishes with them about your medical care, including resuscitation, artificial nutrition and hydration and personal goals for quality of life. Knowledge of your wishes will help guide the decisions your proxy will have to make with your medical team. Knowing that any decisions made are based on your personal values and wishes will be a comfort to family and friends during a stressful time.

Contact an Attorney

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don’t write down your wishes about the kinds of medical treatment you do or don’t want to receive and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer. In order to ensure you are protected, contact an experienced attorney today.

Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

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