What is an advance health care directive?

An advance health care directive, or a living will, is a legal document that states your preferences for medical care if you become unable to make decisions due to illness or incapacity. In the State of New York, your advance health care directive must be signed in the presence of two witnesses or a notary public in order to be valid. Your directive can include instructions regarding who should make decisions on your behalf and the type of medical treatments you would like to receive or reject. Your advance health care directive can include instructions about the use of life-sustaining treatments, such as whether you would want to be put on a ventilator or receive blood transfusions. You can also specify your preferences for end-of-life care, such as whether you would want to be placed in a hospice or a nursing home. You can also list the people you would like to be consulted regarding your medical treatment and appoint an agent to make decisions on your behalf if you become incapacitated. The person you appoint to make medical decisions for you should be someone you trust to make decisions that align with your wishes. Your advance health care directive also allows you to make arrangements for organ donation. You can state whether or not you would like to donate certain organs at the time of death and who should be responsible for making the arrangements. Having an advance health care directive is an important part of estate planning, as it allows you to make decisions about your medical care in the event of illness or incapacity. In the State of New York, it is best to have your directive drafted by a qualified estate planning attorney to ensure that it is valid and enforceable.

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