Long Island estate planning attorney Seth Schlessel (https://www.schlessellaw.com/what-is-a-long-island-health-care-proxy-and-why-do-you-need-one/), of Schlessel Law PLLC, sheds light on a crucial component of estate planning: the health care proxy. This legal document allows individuals to designate someone they trust to make healthcare decisions on their behalf in case of incapacitation. Seth Schlessel emphasizes that understanding and implementing a health care proxy is not only vital for seniors but for any adult seeking to protect their healthcare preferences.
According to Seth Schlessel, preparing a health care proxy helps ensure that medical wishes are respected even if the individual cannot communicate them. The document outlines the appointment of a trusted healthcare agent, who will have the authority to make critical decisions, from approving treatments to accessing medical records. Seth Schlessel, as a Long Island estate planning attorney, stresses that this process also empowers individuals to make their preferences clear, reducing the emotional burden on loved ones during difficult times.
“A health care proxy isn’t just for the elderly,” says Long Island estate planning attorney Seth Schlessel. “Anyone can find themselves in a situation where they are unable to make medical decisions. A proxy helps ensure your wishes are honored, whether you’re hospitalized or incapacitated due to an unforeseen event.”
The New York Health Care Proxy Law permits individuals aged 18 and older to appoint a healthcare agent. Consulting with a Long Island estate planning attorney such as Seth Schlessel can allow individuals to customize the scope of authority granted to their proxy. This ensures that specific medical preferences are followed, while providing flexibility for the agent to make decisions in unforeseen circumstances. Seth Schlessel advises that this planning step is particularly important for couples, including unmarried partners, who may otherwise lack automatic decision-making authority under current laws.
The article written by Seth Schlessel further highlights the risks of not having a health care proxy in place. Without one, healthcare providers may defer to state laws such as the Family Health Care Decisions Act (FHCDA), which prioritizes family members or close friends for decision-making. While the FHCDA provides a fallback, it may result in someone undesirable making these critical choices. Moreover, the FHCDA’s scope is limited to specific settings, such as hospitals or hospice care, leaving gaps in other medical scenarios.
Seth Schlessel explains that a health care proxy can also coexist with other documents, such as a living will. While a living will details specific medical preferences, a proxy allows for real-time decisions that may not be explicitly addressed in written directives. Combining these tools creates a robust framework for medical decision-making.
Another critical consideration is the interaction between a health care proxy and a power of attorney. Although both documents enable others to act on one’s behalf, they serve distinct purposes. A health care proxy focuses exclusively on medical decisions, while a power of attorney often governs financial matters. Seth Schlessel emphasizes that working with a knowledgeable Long Island estate planning attorney can enable both documents to complement each other and avoid potential conflicts.
A common misconception is that a spouse or close family member will automatically assume the role of a healthcare agent. However, Seth Schlessel points out that federal regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), restrict access to medical records without explicit authorization. A health care proxy overcomes this barrier, granting agents the authority to access necessary information and make informed decisions.
The health care proxy becomes effective only when the individual is deemed unable to make their own medical decisions by a qualified doctor. Until that point, the individual retains full control over their healthcare choices. This structure provides peace of mind while safeguarding personal autonomy.
Proper estate planning, including the preparation of a health care proxy, can alleviate stress for families and further ensure that individuals’ preferences are upheld in times of crisis. Seth Schlessel’s article underscores the importance of carefully reading and updating proxy documents, particularly when changes occur in personal circumstances or state laws.
For those seeking personalized guidance in establishing a health care proxy, Seth Schlessel and the team at Schlessel Law PLLC are dedicated to helping clients handle this process. Their commitment to empowering individuals with legally sound and personalized solutions can make them a trusted resource for estate planning needs on Long Island.
About Schlessel Law PLLC:
Schlessel Law PLLC, based on Long Island, NY, can provide comprehensive estate planning services to clients. Led by attorney Seth Schlessel, the firm is dedicated to offering tailored legal solutions that address the unique needs of individuals and families. Schlessel Law PLLC is committed to helping ensure that clients’ healthcare and financial wishes are clearly documented and legally protected.
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