Question:
Jennifer
Doctors make the worst patients, its true. We know more, and often times, plan less. What does my family need on file to properly effectuate my end of life care I am choosing?
Thanks,
Dr. P
Answer:
Yep! This is true. Before I get to what documents you may want on hand, let's discuss the most important part, having the below documents won't help you if no one has them handy when needed! You will need to make sure your wishes and properly effectuated written directives are promulgated to those who will be accessible when needed. Critical. Options for advance directives -
Health Care Proxy designates an agent to make health care decisions on your behalf once you are incapacitated. Unless limited in the health care proxy document, your agent can make any health care decision that you could have made if you were competent such as whether you should receive treatment and which type of treatment you should receive. However, with regard to the administration of artificial feeding, your agent must have specific knowledge of your wishes. Otherwise the agent has no authority to make decisions on these procedures. NYS Form here - https://www.health.ny.gov/publications/1430.pdf
Living Will designates your health care wishes and any decisions regarding life-prolonging procedures and end-of-life care. This document only becomes effective once you are unable to make your decisions. Options you may select -
I do not want cardiac resuscitation.
I do not want mechanical respiration.
I do not want artificial nutrition and hydration.
I do not want antibiotics.
However, I do want maximum pain relief, even if it may hasten my death.
Other directions:.
NYS AG Form - https://ag.ny.gov/sites/default/files/livingwill-template-fillin.pdf
Power of Attorney grants certain legal, financial, and other non-healthcare powers to your designated appointee. It is generally used to plan for a person’s future incapacity or disability and permits the appointed person to make financial decisions for you. Different from the Health Care Proxy and Living Will, which appoint an agent authorized to make healthcare decisions and end of life care directives, respectively. NYS POA Form - https://www.nysenior.org/wordpress/wp-content/uploads/2012/07/New_York_State_Power-of-Atty.pdf
Yes, the above are often effectuated when you do estate planning, but we do not need to tackle your Will / trusts at the same time. You can effectuate the above and address Wills/trusts at a later date. There is no rule or law requiring contemporaneous execution.
Happy to discuss further.
