When it comes to planning for the future, most people focus on wills and trusts to handle their finances and property. But there’s another equally important part of planning that families often overlook: making sure your medical wishes are honored if you can’t speak for yourself.
That’s where Living Wills and Health Care Proxies come in. These two documents—often grouped under the category of advance directives—are essential to a complete estate and elder law plan. They allow you to control your medical care, protect your dignity, and take the burden of tough decisions off your loved ones.
In this guide, we’ll explain what living wills and health care proxies are, why they matter, and how they work in New York.
A Living Will is a written document that states your wishes about medical treatment if you become terminally ill or permanently unconscious and can’t communicate.
It typically covers situations such as:
- Whether you want life support (like ventilators or feeding tubes).
- Your preferences regarding resuscitation (CPR).
- Decisions about pain management or palliative care.
- Organ donation preferences.
In short, a living will is your voice when you can’t speak. It ensures doctors and family members know exactly what kind of care you do—or don’t—want.
A Health Care Proxy (sometimes called a medical power of attorney) is a legal document that lets you appoint someone you trust to make medical decisions on your behalf if you’re unable to.
This person—called your health care agent—can:
Speak with doctors and review medical records.
Consent to or refuse medical treatment.
Decide on end-of-life care if your wishes aren’t clear.
Unlike a living will, which outlines specific treatments, a health care proxy gives someone the flexibility to make decisions in real time as situations change.
Many families believe “my spouse or children will automatically make decisions for me.” But in New York, without proper documents, your loved ones may have limited authority—or may even need to go to court.
Here’s why living wills and health care proxies are crucial:
They Protect Your Wishes
Doctors are legally bound to follow these directives. You remain in control of your medical care, even if you can’t speak.
They Prevent Family Conflict
Without clear instructions, family members may disagree on what care should be provided. These documents eliminate uncertainty and arguments.
They Ease the Burden on Loved Ones
Deciding on life-sustaining treatment can be heartbreaking. Having your wishes written down relieves family members from carrying that weight.
They Avoid Court Involvement
Without advance directives, families may need to petition the court for guardianship to make medical decisions—a stressful and time-consuming process.
They Complete Your Estate Plan
A financial will alone isn’t enough. True peace of mind comes from knowing both your financial and medical wishes are protected.
Although often used together, these documents serve different purposes:
| Document | Purpose | When It Applies | Who Makes Decisions |
|---|---|---|---|
| Living Will | States your medical treatment preferences | End-of-life or incapacitation | Doctors must follow instructions |
| Health Care Proxy | Appoints an agent to decide for you | Any time you’re incapacitated | Your chosen health care agent |
Best Practice: Have both. A living will provides clear written instructions, while a health care proxy gives flexibility for unforeseen situations.
In New York, the law recognizes both Living Wills and Health Care Proxies as valid advance directives.
Health Care Proxy Law (NY Public Health Law Article 29-C): Lets you appoint an agent to make medical decisions.
Living Will Recognition: Although not a specific statute, New York courts honor living wills as long as your wishes are clearly expressed.
Important Requirements:
You must be 18 or older and mentally competent when creating these documents.
They must be signed and witnessed properly.
You can revoke or update them at any time.
The person you choose as your health care proxy is critical. Consider:
- Someone you trust completely.
- Someone who understands your values and beliefs.
- Someone strong enough to make tough decisions under pressure.
- Someone available and nearby, if possible.
Many people choose a spouse, adult child, or close friend. It’s also wise to name an alternate agent in case your first choice is unavailable.
Consult an Elder Law Attorney – While forms are available online, professional guidance ensures documents meet New York’s legal standards and reflect your wishes precisely.
Discuss Your Preferences – Talk with family and your chosen agent about your wishes for medical care.
Sign and Witness Properly – Both documents require signatures and witnesses in compliance with New York law.
Distribute Copies – Give copies to your doctor, hospital, health care agent, and attorney.
Review Regularly – Update your documents as your health, relationships, or values change.
Only Having One Document – A living will without a proxy (or vice versa) may leave gaps in your plan.
Not Talking to Your Agent – If your proxy doesn’t know your wishes, they may struggle with decisions.
Failing to Update – Outdated directives may not reflect your current preferences.
Assuming Family Will Know What You Want – Unless it’s in writing, there’s no guarantee.
DIY Without Guidance – Generic templates may not comply with New York law.
These documents are part of a comprehensive estate plan, which typically includes:
Will or Trust – For financial assets.
Power of Attorney – For financial decision-making.
Health Care Proxy – For medical decisions.
Living Will – For end-of-life treatment preferences.
Together, these tools ensure both your financial and personal wishes are honored.
Taking the First Step Toward Peace of Mind
Planning for the future isn’t just about protecting your money—it’s about protecting your health, dignity, and peace of mind. Living Wills and Health Care Proxies give you control over your medical care, prevent family disputes, and ensure your wishes are respected no matter what.
At Hynes & Chu LLP, we help families in New York create comprehensive estate and elder law plans that cover everything from Medicaid planning to advance directives. With decades of experience, our attorneys will guide you through every step with clarity and compassion.
At Hynes & Chu Law LLP, we specialize in estate planning, elder law, and asset protection — providing personalized legal solutions with care, integrity, and experience.
