Fratello & Fox, P.C.

516.496.0730

ATTORNEYS AT LAW

Planning for Incapacity

Most people assume that if they should suddenly become incapacitated, that a family member or friend can help with their finances, make medical decisions and access their medical information.  Unfortunately, too many families have discovered that this assumption is incorrect.   If prior arrangements are not made to appoint an individ­ual to be your agent, a complex and costly court proceeding may be required to determine your competence and appoint a guardian.  All of these problems can be avoided with relatively simple documents.

 

Why do I need a Durable Power of Attorney?

 

A Durable Power of Attorney is a document that allows you to designate an agent to handle all of your financial affairs, particularly in the event of incapacity.  The powers you confer on your agent can be as broad or narrow as you wish and can terminate at a designated time, such as upon your incapacity.  Powers can include, among others, the ability of your agent to handle your real estate transactions, deal with tax authorities and obtain medical billing information to pay your medical bills.  Durable powers of attorney are a key element in planning for disability and are strongly recommended because they permit your agent to handle your finances when you cannot because of your incapacity. 

 

What is a Health Care Proxy?

 

A Health Care Proxy is a planning tool that lets you designate a health care agent to make all of your health care decisions in the event that you are no longer able to do so due to incapacity.  This is another powerful document because it also allows your agent to with­hold or withdraw medical treatment.  As a result, it is imperative to appoint someone you trust and someone who knows your wishes and will abide by them.  You should discuss your wishes with your agent at the time you draft this document.  Additionally, you can specify in the Health Care Proxy any types of treatment that you do or do not desire and address “end of life” decisions. 

 

Why should I have a Living Will?

 

A Living Will is a document that deals with health care decisions and it is an effec­tive way to express your "end of life" desires.  This document expresses your wish to be made comfortable, but to limit any extraordinary means that may prolong your dying.

                We recommend the preparation of a Living Will for several reasons.  A Living Will is generally recognized in most states; however, a health care proxy may not be honored in a state other than New York.  In the event that you are traveling outside the state of New York and require medical care and are unable to make your own decisions, a Living Will is a written indication of your wishes.  Also, in the event the health care agent is unable or unwilling to act at the time he or she is needed, the Living Will provides your health care professional with a valid document expressing your wishes.

 

             Advanced directives are important tools in basic estate planning at any age above majority.  A Power of Attorney, Health Care Proxy and Living Will are necessary instruments needed to protect yourself and to assist your loved ones in the event a crisis arises in which you become incapacitated. Advanced planning can prevent confusion, expense and intrusion into your life as well as the lives of your loved ones.  You can be in control of all your decisions by providing your loved ones with the appropriate tools and necessary directions to carry out your wishes.

The information in this website is intended for information only and does not represent legal advice.  Receipt of materials from this website does not constitute an attorney-client relationship between Fratello & Fox, P.C. and the receiver.  Professional counsel should be sought before utilizing any information contained in this website.