How to Set Up a Healthcare Power of Attorney in New York

How to Set Up a Healthcare Power of Attorney in New York

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 

The current coronavirus pandemic has a lot of us considering our own mortality and what could happen to us if we fall ill. In the best situations, we can quarantine at home until we feel better. In the worst cases, we could end up with respiratory failure, which means we’ll need to be put under anesthesia and get vented to recover.

 

But, what happens when you’re under anesthesia? You can’t make your own medical decisions, so who will be your best advocate?

 

If you’d prefer a loved one to make healthcare decisions for you when you can’t, then you need to set up a Health Care Proxy before the worst happens. Are you wondering how? Learn what you need to do to set up a healthcare power of attorney in New York and how an estate lawyer could help below.

 

What is a Healthcare Power of Attorney in New York?

 

When you’re under anesthesia or in another situation where you’re unable to make your wishes known, you can’t advocate for yourself. That’s where a power of attorney comes in. A healthcare power of attorney in New York gives another person, whom you appoint, (your agent) the right and authority to make important medical or financial decisions on your behalf until you are of sound mind to make your own decisions again.

 

The New York Health Care Proxy Law allows this health care agent to decide how your wishes would apply based on how your medical condition changes. This power is important because hospitals, doctors, and any other health care provider must follow your agent’s decisions just as if you were voicing them yourself. A healthcare power of attorney in New York also allows you to give this healthcare agent as much or as little authority as you feel comfortable. You can outline instructions they must follow or set a boundary for specific care you’d want in certain situations.

 

Securing a Health Care Proxy in New York

 

In the state of New York, a Health Care Proxy document is a type of power of attorney that lets you appoint the healthcare agent who will be in charge of your medical decisions if you can’t make them. To set up this legal authority, you need to fill out a Health care Proxy Form. You need to discuss your wishes with your potential agent and ensure that they’re comfortable with taking on the legal responsibility. Next, verify that your potential agent is eligible to be your healthcare agent. To be one, they must be at least 18 years old. It’s not a good idea to appoint your doctor because your doctor cannot act as your agent and doctor at the same time. If they agree, then it’s time to officiate your document by getting it signed by you and two witnesses (one cannot be your agent).

 

Give a signed copy of your Health Care Proxy form to this agent.

 

How a New York Estate Lawyer Can Help

 

In the state of New York, you do not need to hire an estate lawyer in order to set up your legal power of attorney. You can find the appropriate documents online, and you don’t need a notary or other authority to legalize the forms. It is, however, a great idea to run your healthcare power of attorney wishes by a New York Estate lawyer to ensure that you’ve outlined what you want clearly. Having an estate lawyer look over your document will help you feel confident that your document is clear, concise, and provides the exact legal authority you’d like your agent to have in the event you can’t advocate for yourself.

 

Do You Have More Questions About Securing a Healthcare Power of Attorney in New York?

 

Over the past few years, all of us have needed to re-evaluate the way we live our lives. We’ve had to consider what could happen if we develop the virus, fall ill, and end up in the hospital. Due to the nature of Covid-19, many victims end up under anesthesia, which leaves them vulnerable and unable to advocate for themselves.

 

If you have a healthcare power of attorney in New York, then your appointed loved one can be your best advocate. They can make your healthcare decisions for you when you can’t. If you’d like to set up this document but need extra help, then we suggest reaching out to an Estate Planning/Power of Attorney lawyer in your area. Head over to our lawyer search now to discover the best attorneys in your area who are ready to help you.



This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
Scott Dylan Westerlund

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