The Law Offices Of Michael Camporeale

Health Care Proxy In The State Of New York

If you are located in New York City, Westchester, Long Island, Bronx, Queens, Brooklyn or Staten Island and are in need of a Health Care Proxy, the experienced NY estate planning and elder law attorneys at the Law Offices of Michael Camporeale can help you prepare this very important NY estate planning document along with all of your other NY estate planning and Medicaid planning documents.

First and foremost, a NY Health Care Proxy is a legal document that a person must have drafted and signed while they have legal capacity. We are the right NY elder law lawyers to decide if a person has legal capacity. What is legal capacity? Legal capacity means that a person must know and understand what it is that they are signing and who they want in charge of making medical decisions regarding their care when they are unable to do so because of incapacitation due to a medical or mental condition.

For example, if a person is in a coma or has Alzheimer’s or severe dementia, or suffers from some other mental or medical defect which has caused that person to lose their ability to understand things, they can no longer legally make medical decisions regarding their care. An agent under the health care proxy would be needed in order to legally be able to make medical decisions for that incapacitated person who can no longer do so on his or her own. An experienced and qualified estate planning lawyer understands everything you’ll need in order to set up an NY health care proxy and to plan Medicaid for you. Our NY Medicaid planning attorneys have been helping individuals for over a decade, just like our elder law lawyers and estate planning attorneys. We serve many areas in New York, including Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, and Melville. Our estate planning attorneys and elder law lawyers can be reached easily by calling (718) 475-9639 for a Free Consultation.

Therefore, a person must have legal capacity and be able to make their wishes known in order to create a valid NY Health Care Proxy. Contact The Law Offices Of Michael Camporeale P.C. in New York today for a FREE Initial Consultation.

A Valid New York Health Care Proxy Cannot Be Made By Someone With A Mental Or Medical Defect

A valid NY Health Care Proxy cannot be made by someone who suffers from a mental or medical defect which has affected their ability to understand things; such a person would no longer be able to legally sign and create a valid NY health care proxy.

That is why it is very important to have a NY Health Care Proxy drafted when a person has capacity, before something bad has happened to them medically or mentally which has caused them to lose capacity and the ability to draft a proxy.

If a person does not meet the legal capacity standards to execute a Health Care Proxy because of a mental or medical problem, it is too late to have one drafted.

New York Attorney Michael Camporeale

Get your questions answered - call me for your free phone consultation (718) 475-9639

However, in that particular case, if a valid NY Health Care Proxy has not and cannot be drafted, because of lost legally capacity, the New York elder law and estate planning attorneys at the Law Offices of Michael Camporeale can help bring an Article 81 Guardianship proceeding in Manhattan, Brooklyn, Westchester, Long Island, Queens, Bronx, or Staten Island so that a family member can be appointed a guardian of the person to control and make valid health care decisions for that incapacitated person if they did not have a valid NY Heath care proxy in place before they lost capacity.

An Incapacitated Person Needs A New York Health Care Agent Through The New York Health Care Proxy

This is very important because if a person is incapacitated, they will need a Health Care Agent via a NY Health Care proxy or a NY Guardian of the Person in order to legally make health care decisions for that incapacitated person.

That Agent or Guardian is necessary in order to control, coordinate and consent to all medical decisions, medical care, medical procedures, surgery, and anesthesia for that incapacitated person who could no longer do so on his or her own behalf.

Therefore, having a valid New York Health Care Proxy is very important so that the person may appoint the person they want and trust to control their medical care.

The New York Health Care Proxy is a very important NY elder law, Medicaid and estate planning document which is very necessary for a proper and effective NY estate plan. Everyone should have a Health Care Proxy regardless of their age, because something catastrophic can happen to anyone regardless of age. A person can have an accident and/or illness at any age and in that situation if they are incapacitated, an agent is necessary to legally be able to make medical decisions for them.

That is why a person must be proactive and have a Health Care Proxy drafted as part of a properly prepared NY estate planning plan as soon as possible.

This will give family members the proper legal tools and advantage in order to properly help and handle family affairs without the need to have to be forced to go through a formal legal NY Guardianship proceedings as a NY guardianship proceeding should be used only as a safety net. Proper advance proactive NY estate and Medicaid planning dictates that the Health Care Proxy and/or Power of Attorney should be drafted in advance, when an individual has legal capacity to execute these documents.

The New York elder law and Medicaid planning lawyers at the Law Offices of Michael Camporeale have been helping families with the proper drafting of New York Health Care Proxies and all of their other proper New York estate and Medicaid planning documents in the New York City Metro areas of Westchester, Long Island, White Plains, Manhattan, Bronx, Queens, Brooklyn and Staten island for well over a decade.

For more information on Health Care Proxy In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 475-9639 today.

New York Attorney Michael Camporeale

Get your questions answered - call me for your free phone consultation (718) 475-9639

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