Newburgh NY Advance Directives
Glenn & Breheney PLLC is a law office providing individualized advance directive services throughout the Hudson Valley.
Advance Directives help you create a contingency plan for an unexpected illness or disability. By defining your intentions and desires ahead of time, you are assured that your wishes are honored while protecting your rights.
At Glenn & Breheney PLLC, we pride ourselves on providing service that is personal and professional. At the initial consultation, an attorney will discuss your main concerns regarding Advance Directives. After the conference, we draft Advance Directives according to your specifications, providing a legal format to deal with private emotions and potentially complex family relationships.
Two types of Advance Directives that we regularly provide for our clients are Health Care Proxies and Durable General Powers of Attorney.
In New York State, healthcare matters and financial matters are dealt with separately: Health Care Proxies allow you to appoint someone you trust to make healthcare decisions for you in the event that you are either incapacitated or unable to make decisions for yourself; Powers of Attorney allow you to appoint someone to make financial decisions for you and take actions on your behalf.
Health Care Proxy (HCP)
Health Care Proxy forms are readily available from many sources, including the New York State Department of Health website. You may complete one without an attorney assisting you. Before appointing someone as your healthcare agent, you should take the time to discuss with him or her what your wishes are and whether they are willing to abide by your wishes, should the need arise. In order to be able to act as your agent, the person you choose must be an adult (18 years or older). You can choose to revoke the Health Care Proxy at any time, and you also can limit your agent’s power with special instructions. After completing the form, you should give your agent a signed original.
On our website below, we have offered a link to the online Health Care Proxy form for your interest. Although you do not need an attorney to fill out this form for you, we routinely assist our clients by answering their questions and preparing and attending to the execution of a Health Care Proxy. Please feel free to browse the links so that you can familiarize yourself with the form and its use.
Power of Attorney (POA)
Unlike the Health Care Proxy, your Power of Attorney should be drafted by an attorney who can advise you. Like the Health Care Proxy, someone that you trust should be appointed as your Agent. Your agent must act on your direction, and, in the event that you cannot inform your agent, he or she must act in your best interests. Agents should have an understanding of their duties, and you should discuss your decision so that he or she understands your wishes. You can revoke your Power of Attorney at any time.
There are multiple forms of Powers of Attorney. For example, a Power of Attorney can be Durable or Nondurable. A Durable Power of Attorney allows your Agent to act for you in the event that you become incapacitated.
A Nondurable Power of Attorney is only effective as long as you are capable of directing your agent. No Power of Attorney gives your agent the power to make or change your Will; and finally, a Power of Attorney does not remain in effect after your death. Because Durable Powers of Attorney allow your agent to manage your finances in case you become disabled or ill, they are a powerful tool for Estate Planning.
Below we have provided a link about Powers of Attorney for you to browse at your convenience. We hope that you find these helpful.