Planning for future medical decisions is essential. In New York, both living wills and healthcare proxies play distinct roles.
These documents serve similar purposes but address different aspects of healthcare decision-making.
What is a living will?
A living will outlines an individual’s specific preferences for medical treatment if they become incapacitated and cannot communicate their wishes. This document includes decisions about life-sustaining treatments, resuscitation, and other end-of-life care choices. In New York, living wills operate under common law and express an individual’s medical preferences, even though no specific statute governs them.
What is a healthcare proxy?
A healthcare proxy allows an individual to appoint another person, called a healthcare agent, to make medical decisions on their behalf if they lose the ability to do so. In New York, Public Health Law governs this document. The agent makes real-time decisions based on the individual’s best interests and previously expressed wishes, including those detailed in a living will.
Key differences between the two
The main difference lies in their function. A living will lists specific written instructions for medical care, while a healthcare proxy assigns a trusted individual to make decisions. The proxy provides flexibility, enabling the agent to adapt decisions to unforeseen circumstances, while the living will ensures documented treatment preferences are clear.
In New York, combining both documents offers comprehensive coverage. The living will specifies treatment preferences, and the healthcare proxy designates someone to ensure those preferences are followed.
Taking control of future medical care
Preparing a living will and healthcare proxy helps individuals control their medical care. These tools work together to honor preferences and ensure trusted decision-makers take action during critical moments.