Q: I have a will and want to fill out a power of attorney and health care proxy. I am in NY.. What forms do I need?
A: As a general rule, there are three basic documents which everyone should have in place as part of his or her estate plan or elder law plan--first, a will; second,a power of attorney; and third, an advanced health care proxy, sometimes called a iving will or advanced directive. One has to be very sure that each of these documents complies with the current law which is in place when the document is signed. In New York, the requirements for a valid power of attorney document(in which a trusted person is appointed by you who can take care of your affairs if you cannot due to illness, etc.) have become very complex. To a similar extent, heath care proxies (in which you appoint another person to make medical decisions for you if you cannot do so and to act as your health care advocate) have to be carefully drafted to comply with applicable legal requirements. In addition, each of these essential documents can be improved upon and expanded by a competent attorney who regularly practices either estate planning law or elder law. In today's times, it is the best practice to consult with an attorney concerning these important instruments.
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