Health Care Proxy

Health care proxies are designed to allow an individual to designate a health care decision maker in the case of illness or incapacity. You should name a primary decision maker as well as an alternate decision maker to make such decisions for you in the event the primary decision maker is also incapacitated, unavailable or deceased. You can name an adult child, close relative or friend. If you prefer, no alternate need be named. In New York, you cannot name two individuals to make joint decisions with this instrument. Make sure the person you designate knows your wishes in the event of a devastating illness or disability. In states that do have a health care proxy law or its equivalent, the health care proxy is sometimes called a health care power of attorney.

Living Will

A living will is an expression of your intent in the event you have an extreme physical or mental disability from which there is no reasonable expectation of recovery. It contains directives that you be allowed to die, and not be kept alive by artificial means, medications, life support equipment or "heroic measures." Although not legally binding in New York, it is evidence of your intent and aids the person designated in your health care proxy to make the appropriate decisions for you.