With the increasing ability of medical science to sustain our lives, people are living much longer than ever before. Unfortunately, as we grow older, or if we experience health challenges, we may find ourselves in a position in which decisions need to be made as to how we wish to be treated in a variety of medical situations. This is especially true at the end of our lives, but can be true at any time as a result of the impact of an accident, injury, or illness. If we are in a condition such that we no longer can express our preferences about treatment, decisions will be made for us by others if we have not planned for our own treatment in advance. Advance health care directives allow us to deal with these situations. Without such directives, our families may find it necessary to obtain court orders to deal with our medical situations.

Completing a living will/health care proxy will allow you to express your preferences concerning medical treatment in an extreme medical situation when you cannot communicate, including at the end of your life. By expressing such preferences in a written legal document, you are ensuring that your preferences are made known. Physicians prefer these documents because they provide a written expression from you as to your medical care and designate for the physician the person he or she should consult concerning unanswered medical questions. Rather than the physician having to obtain a consensus answer from your family as to your treatment, the physician knows your preferences and knows who you want to provide decisions when you cannot do so.  Also, providing such information and designating a health care proxy means that the physician knows whose direction is to be followed in the event your family disagrees as to what medical treatment you would want.

Under New York law, an individual may appoint someone s/he trusts, for example, a family member or close friend, to decide about medical treatment if s/he loses the ability to decide for themselves. S/he can do this by using a health care proxy in whom a health care agent is appointed to make sure that health care providers follow his/her wishes. The agent can also decide how his/her wishes apply as her medical condition changes. Hospitals, nursing homes, doctors and other health care professionals must follow the agents’ decisions as if they were the patients’. The individual can give his/her health care agent as little or as much authority as s/he wants. S/he can allow the agent to decide about all health care or only certain treatments.

It is important to note that there is a difference between a “living will” and a “health care proxy.” A living will is a written statement of an individual’s wishes regarding medical treatment. The statement is to be followed if the individual is unable to provide instructions at the time medical decisions need to be made. The health care proxy is significantly different from the living will in that it empowers another person (the agent) to make health care decisions if the patient cannot do so themselves. The living will, on the other hand, has no such provision but enables a person to express his/her own choices regarding medical treatment. It makes sense to utilize both a living will and a health care proxy in one document. Signing a living will or health care proxy is voluntary. No one can require an individual to complete either directive but it is highly recommended so as to aid the family when decisions need to be made. In addition to helping your physician, these documents express your wishes to your family so that they do not have to guess about what you would want.  Making your wishes known in advance prevents family members from making hard choices at what likely will be one of the most stressful times in their lives.

Note: Many orthodox Jews choose to prepare/complete a halachicly approved living will and health care proxy.

Once you have a living will/health care proxy, you should keep it among your important papers. Make sure a responsible adult, such as the named health care agent, knows where you keep these documents. If you have a regular physician who keeps your medical records, you should provide a copy of the document to him or her for your medical records. In the event you are admitted to a hospital, you should take this document with you at the time you are admitted and permit the hospital to place a copy of it into your medical file. Many people prefer to keep their legal documents private but it is a good idea to discuss the decisions you have made in your document with family members so that they may better know and understand your wishes concerning these matters. With end of life issues, communication is key and communicating your wishes is essential. Make sure your family knows how you feel about end of life issues. The more these individuals know, the easier it will be for them to fulfill your wishes. While the conversations are no doubt difficult, they will relieve those you appoint of tremendous emotional burdens by your having personally explained your desires. May we all merit living long, healthy and happy lives – amen.

The attorneys in the Trusts & Estates Practice Group at Yedid & Zeitoune have over a combined 20 years of legal experience and are ready to assist you with all your estate planning needs.

Isaac Yedid, Esq. & Raymond Zeitoune, Esq.

Yedid & Zeitoune, PLLC

1172 Coney Island Avenue Brooklyn, New York 11230

Phone: (347) 461-9800            Fax: (718) 421-1695                        Email: [email protected]

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