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A New York Advance Directive is a legal document that outlines your wishes with regard to health care, such as your acceptance or refusal of specific medical treatments, and/or the selection of a... Read more

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Making an Advance Directive in New York

  • What is a New York Advance Directive?

    A New York Advance Directive is a legal document that outlines your wishes with regard to health care, such as your acceptance or refusal of specific medical treatments, and/or the selection of a trusted healthcare decision maker i.e.: your "agent" or "health care proxy."

    The individual making an Advance Directive is known as the "principal," and the person or organization gaining authority to carry out the principal's wishes is called the "agent." Designed for New York residents, this Advance Directive can be used in Queens County, New York County, Kings County, and in every other part of the state. Any New York Advance Directive from Rocket Lawyer can be fully customized for your unique situation. As a result of having this document, your agent will have a record of your preferences, and they can provide verification that they have been authorized to act in your interest.

  • How do I write an Advance Directive in New York?

    It's very easy to set forth your medical wishes using a free New York Advance Directive template from Rocket Lawyer:

    1. Make the document - Answer a few simple questions, and we will do the rest
    2. Send and share it - Look over it with your healthcare agent or seek legal help
    3. Sign and make it legal - Optional or not, witnesses/notarization are recommended

    This route will often end up being much less expensive and less time-consuming than hiring the average lawyer. If needed, you may start an Advance Directive on behalf of your spouse, an elderly parent, or another family member, and then help that person sign once you've drafted it. Keep in mind that for this document to be accepted as legally valid, the principal must be mentally competent when they sign. In the event that the principal has already been declared incompetent, a conservatorship could be required. When managing such a situation, it would be important for you to speak to a lawyer.

  • Why should I have an Advance Directive?

    Every person over 18 ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney) in place. Though it can be unpleasant to acknowledge, a time could come when you are no longer able to make important decisions on your own. Here are some typical occasions where you may consider it useful to make or update your Advance Directive:

    • You currently reside in or are planning to move into a care facility
    • You are managing a terminal illness
    • You are getting older or have declining health
    • You are facing the possibility of medical procedure or hospitalization

    Regardless of whether this New York Advance Directive is being drafted as part of a forward-looking plan or produced in response to a recent change in your health, witnesses and notarization can often help to protect your document if someone challenges its legitimacy.

  • Do I need a lawyer for my Advance Directive in New York?

    Making an Advance Directive is normally simple to do, but you could still have legal questions. Seeking out a legal professional to review your New York Advance Directive may be time-consuming and fairly costly. An easier and more cost-effective route is via Rocket Lawyer attorney services. With a Premium membership, you can get your document reviewed or ask any legal questions. As always, you can rest assured that Rocket Lawyer is here to support you.

  • What would I traditionally pay for a lawyer to help me make an Advance Directive in New York?

    The fees associated with finding and hiring a traditional lawyer to produce an Advance Directive might be anywhere between two hundred and one thousand dollars, depending on where you are. When using Rocket Lawyer, you aren't just filling out an Advance Directive template. If you ever need help from a lawyer, your Premium membership provides up to 40% in savings when you hire an On Call attorney.

  • What steps should I take after making my New York Advance Directive?

    Attached to your Advance Directive, there will be a series of recommended steps you can take once the document is completed. With a Rocket Lawyer membership, you may edit it, download it as a Word or PDF file, print it out, and/or sign it. Finally, be sure to send a copy of the signed document to your agent(s), care providers, and other impacted parties.

  • Does an Advance Directive need to be notarized or witnessed in New York?

    The specifications and restrictions governing Advance Directives vary by state; however, in New York, your document must be signed by two witnesses. The witnesses to your document cannot include the person who signed the Advance Directive on your behalf (if applicable). As a general rule, your witnesses will need to be over 18 years old, and none should also be designated as your healthcare agent.

    Legal references for an Advance Directive in New York: PBH, Chapter 45, Article 29-C, Section 2981

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