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Living Will, Legal Forms - Entrusting Life and Death Decisions in New York (by Lynn Brenner) - Part II

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Entrusting Life and death decisions in New York (by Lynn Brenner) - Part II.


Living Will. This document states which medical treatments - including life-sustaining measures - you do and do not want.
 
Health-care proxy. This gives another person the Legal right to make health-care decisions when you're incapacitated. Unlike a Living Will, a health-care proxy doesn't have to state your wishes. "It just says that your agent knows what they are and is authorized to act for you," says Stephen J. Silverberg, an estate and elder-care Lawyer at Certilman, Balin in East Meadow.
 
Using both. New York State has a health-care proxy law; it doesn't have a Living Will statute. Nevertheless, Lawyers say it's important for New Yorkers to have both documents. "A Living Will is backup," explains Bernard A. Krooks, a partner at Littman Krooks in Manhattan and president of the National Academy of Elder Law Attorneys. "Let's say I'm in an accident while traveling. An Arkansas hospital may not honor a New York health-care proxy." But Living Wills are recognized by case law in most places.
 
Silverberg agrees. "You want a Living Will in case anyone gives the agent you named in your health- care proxy a hard time," he says. "If your agent is challenged, the Living Will is written proof - 'clear and convincing evidence' - of what you want."
 
(Continue part III)
 
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