Healthcare Proxies vs. Living Wills: What You Need to Know
Making medical decisions for yourself can be challenging, especially if you become unable to communicate your wishes due to illness or injury. Two essential tools in incapacity planning are the Health Care Proxy and the Living Will, but many people are unsure of the difference or how they work together. Understanding these documents can help protect your health, your family, and your peace of mind.
What Is a Health Care Proxy?
A Health Care Proxy is a legal document that allows you to designate someone you trust—known as your agent or proxy—to make medical decisions on your behalf if you are unable to do so. This person can make choices about treatments, procedures, and care settings based on your wishes and best interests.
Without a Health Care Proxy, your family may need to petition the court for guardianship, which can be time-consuming, costly, and emotionally stressful. A proxy ensures that the person making decisions for you is someone you personally trust.
What Is a Living Will?
A Living Will, also called an Advance Directive, is a document that outlines your preferences for medical treatment if you are unable to communicate. It provides guidance on issues such as:
Life-sustaining treatments, like ventilators or feeding tubes
Resuscitation efforts (DNR orders)
Pain management and palliative care
A Living Will ensures that your healthcare team and loved ones understand your wishes, reducing confusion and potential conflicts during critical moments.
How They Work Together
While a Health Care Proxy designates a decision-maker, a Living Will provides specific instructions for care. Together, they create a comprehensive plan for your medical treatment:
Your proxy can interpret your Living Will if unexpected situations arise.
Medical providers have clear guidance on your wishes, reducing delays in care.
Families avoid disagreements about the appropriate course of action.
Why Planning Matters
Without these documents:
Courts may need to appoint a guardian to make decisions for you.
Family members may disagree, causing stress and tension.
Your personal wishes may not be honored in critical situations.
How Moskowitz Legal Group Can Help
Creating a Health Care Proxy and Living Will is straightforward with the right guidance. At Moskowitz Legal Group, we help you:
Designate the right proxy to make decisions you trust
Clearly outline your treatment preferences in a Living Will
Ensure all documents comply with New York law
Integrate these documents into your broader estate and incapacity planning
Don’t Wait Until It’s Too Late
Medical emergencies and unexpected illness can happen at any time. Protect yourself and your loved ones by putting a Health Care Proxy and Living Will in place today. Contact Moskowitz Legal Group to schedule a consultation and create a plan that safeguards your health, wishes, and family’s peace of mind.
