Wills, Living wills and healthcare proxy

In New York State, a person's last will and testament is a written document that is lawfully "executed" (signed) by a person (called a "testator") who declares his or her intentions as to how he or she wants his or her property and assets distributed after his or her death. A last will may also provide for the appointment of a guardian for minor children. To be valid, it must be lawfully witnessed. There are also various other legal, technical, and formal requirements that must be complied with to have a valid last will and testament.

If you do not have a valid will, various state laws will determine the distribution of your property based on factors such as your residency and litigation between claimants. Therefore, if you want certain family members, loved ones, friends, or any organization to receive specific property that you own at the time of your death you will need a last will.

The purpose of a living will, sometimes referred to as an advanced care directive, is to tell health care and medical care providers about the type of medical care or treatment that you want to have or do not want to have if you are not able to inform them at the time.

At Law Office of Jerold S. Slate, we can help you create both last wills and living wills. Let us give you the peace of mind you deserve by scheduling a consultation to talk about these critical documents.

By clearly expressing your intentions and wishes about potential medical care, you ensure that your intentions are followed and that friends or family members don't find themselves facing difficult decisions about your care if the time comes when you are unable to do so.

Designating a Health Care Proxy

An additional assurance you can give yourself with our services involves designating a specific person to make medical decisions for you when you are incapacitated and when you are not able to make your own medical decisions. Referred to as a proxy, this person should be intelligent, compassionate, capable of talking with and understanding physician's recommendations about medical care, and someone you trust to make the best decision based on your known wishes and intentions.

If you name your husband or wife to serve as the person to make medical decisions for you when or if you are unable to do so, it is advisable to name an alternate person in the event that both you and your spouse become incapable of making medical decisions at the same time. This can happen, for example, if both of you are involved in a common accident. Regardless of who you choose, we can ensure that your designation is legally sound.