What is a living will?

A living will, also known as an advance healthcare directive, is a legal document that expresses an individual’s wishes for their healthcare and end-of-life care. It is used in cases where the individual is no longer able to communicate or make decisions for themselves. In New York, living wills must be in writing, signed and dated by the individual, and witnessed by at least one other person to be valid. When a living will is active, it authorizes healthcare professionals to follow the instructions stated within the document. These instructions can include instructions on refusing treatment or accepting certain treatments or medications. A living will can also be used to appoint a healthcare agent, who will act as an individual’s representative to carry out decisions regarding their healthcare. Living wills are especially important when it comes to probate law in New York. It helps to ensure that an individual’s unique wishes relating to their healthcare and end-of-life care are met, and that their wishes are honored even if they are no longer able to communicate them.

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