Any comprehensive estate plan will not only ensure your assets are appropriately distributed after you pass away, but also ensure you are cared for while you are still alive. For that reason, it is important to have advance directives like a healthcare proxy ready, just in case. Here are five benefits you get from having a healthcare proxy in place as part of your estate plan:

  1. It can help you in the event you become incapacitated
    • The biggest benefit of a healthcare proxy is that it ensures you are protected in the event you become incapacitated, and thus unable to make your own medical decisions. It does this by giving someone else the authority to make these decisions on your behalf. That person will make your decisions, ensuring you receive the care you would want.
  2. You can name someone you trust to watch over you
    • Another benefit is that you can name a person you trust to make your medical decisions. So long as they have the healthcare proxy, they can give informed consent for medical procedures, approve tests or examinations, or even request palliative care. Without this, you cannot be sure who will make these decisions, or whether they would follow your wishes about your care.
  3. It avoids potential disputes over your care
    • In situations where there is no healthcare proxy in place, there can be disputes over who exactly gets to make medical decisions. It can easily create conflict between your loved ones and the medical professionals caring for you, creating further problems. If you have a healthcare proxy, this will be far less likely to become an issue.
  4. You can ensure there is no interruption in your care
    • If you have a healthcare proxy, you can ensure you will receive the care you need as soon as possible, without the risk of your care being interrupted. In cases where people do not have healthcare proxies, there may be interruptions due to confusion over who, exactly, has the authority to make those decisions. That can lead to worse health outcomes and an increased chance of unnecessary pain and suffering.
  5. You can avoid the need for a guardianship
    • Where there is no healthcare proxy, your loved ones will need to go to court to seek a legal guardianship. This process can be complex and invasive, and can result in someone you do not trust (or even someone you do not know) being placed in charge of your care. With a well-crafted estate plan, you can avoid the risk of this happening entirely.

The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to create an estate plan that suits your needs, and help you to protect yourself and your loved ones. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office. 

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