What legal documents should one have in place as one ages?

This document designates someone to make medical care treatment decisions, if a person becomes unable to do so.   Typically, two people are named in the event that one is unavailable.

The person designated is often called a Health Care Agent or Durable Power of Attorney for Healthcare. 

The job of the designated Health Care Agent is to work with medical practitioners to make sure the person receives medical care according to his or her wishes, if and only if he/she becomes unable to communicate their wishes.  This person is often a trusted friend or family member. Ideally, this person should live nearby.

The Health Care Proxy form allows someone to leave written instructions regarding his or her wishes for emergency, life-prolonging medical treatment decisions, in case he/she becomes unable to communicate those wishes. This part of the Health Care Proxy form is just like a Living Will (see below).

To complete the New York State Health Care Proxy form, no lawyer or notary is needed, though the signature must be witnessed. 

This document provides detailed written instructions to guide the Health Care Agent in case the person becomes unable to communicate his/her wishes.

This document describes specific instructions about certain medical situations in which life prolonging medical treatment would or would not be acceptable. 

Many people choose to sign both a Health Care Proxy and a Living Will so they can leave instructions that are as specific as possible for their designated Health Care Agent to carry out. 

This document provides written instructions for the distribution of personal belongings and financial assets after death. If one does not have a Will, the State distributes one’s belongings.  If you already have a Will written, it is important to review it for any updates every few years.

In New York State, there is no single, standard form someone must use to create a Will. However, there are some rules to follow to ensure that the Will is honored:

• The document should be titled “Last Will and Testament” and include the creator’s name.
• It should be stated that the person is of sound mind and is freely and willingly writing the Will. 
• The document must be signed and dated by the creator.  
• Two “uninterested” witnesses must sign and date the document.  An uninterested witness is someone who is not receiving anything from the Will.

Although an attorney is not necessary, some people hire an attorney specializing in “Wills and Estates” or “Elder Law” to provide guidance with the distribution of personal belongings and financial assets.