Will Power of Attorney

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

What is the difference between a living will and 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 herself. The living will, on the other hand, has no such provision but enables a person to express her own choices regarding medical treatment. It makes sense to utilize both a living will and a health care proxy.

Can the health care agent be legally or financially responsible for health care decisions made on your behalf?

No. A health care agent will not be liable for treatment decisions made in good faith. The agent cannot be held liable for costs of care just because she is an agent.

Do you have to write an advance directive?

No. Signing a living will or health care proxy is voluntary. No one can require an individual to complete either directive.

By: Martin Petroff

Article Directory: http://www.articledashboard.comContact Info: Martin Petroff, Esq. Martin Petroff & Associates 270 Madison Avenue Suite 1100 New York, NY 10016 T: (212) 679-5800 F: (212) 679-5801 E: mbpetroff@aol.com Website: www.PetroffELDERLAW.com

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Having had the experience of loosing my grandmother due to the Alzheimer’s disease (AD) I have been really reluctant to speak about my beloved grandmother’s condition for a long time with anyone else except her personal home nurse. This woman appeared to my child eyes as a representation of an angel, since she was able to take care of my grandmother who has always been taking care of me. Her love and devotion to her profession, made me consider her as the next Maria Teresa that one day I would proudly admit to have met.

Today, after conducting some research on the subject of nursing, I understood that a home nurse taking care of Alzheimer’s disease patient is a very difficult issue and it can be a huge burden. Especially if the nursing is offered by a close family member, this act of caring and love can become too hard for one to bear and can be too time consuming even for those we would love to take care of, like our parents. Thus, researching and finding a nursing home for those we love but sadly suffer from AD has to be a conscious decision.

By: Kadence Buchanan -

Article Directory: http://www.articledashboard.com Kadence Buchanan writes articles on many topics including Nursing, Health, and Fitness

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