Living Wills and Healthcare Proxy

Many of us witnessed the Terri Schiavo tragedy, about a young woman who was mentally incapacitated but did not have a living will or healthcare proxy. Her husband said that they had discussed end-of-life issues. During the discussion, she confided in him that she would not want to live under those circumstances and would not want to be placed on life support. Her parents claimed she was a devout Catholic and would never consent to anything that would end up killing her.

What ensued was a costly, emotionally draining legal battle that lasted ten years. A legal battle that could have been avoided if she had a living will or healthcare proxy, sparing her husband and parents years of agony, and ending with resentment.

What Is the Difference between a Living Will and a Healthcare Proxy?

In New York, there is a difference between a living will and healthcare proxy. A living will is a document that instructs what medical resources may or may not be used to resuscitate you or sustain your life in the event you become incapacitated.

A healthcare proxy is a document that gives authority to a person whom you designate to make medical decisions on your behalf if you are unable to do so.

Living wills and healthcare proxies are an excellent way to anticipate and plan for a catastrophic event. It will ensure that your wishes are known and carried out if you find yourself in a situation where you are unable to make a medical decision.

As an experienced estate-planning attorney, Eric Gansberg can assist you in drafting a living will and a healthcare proxy to address any future medical situations where you are unable to instruct doctors, nurses, or other healthcare professionals.

For more information about living wills and healthcare proxies under New York law, or to speak with a New York living wills lawyer about providing for your future health issues, please call 718-447-3700 or fill out the intake form on the Contact Us page to schedule a free confidential consultation. Make sure your healthcare wishes are known and carried out.

Legal Representation Tailored to Your Changing Family Dynamics Since 1984