The Bronx, NY asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York

Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

4 Lawyer Answers
Benjamin Z. Katz
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Answered

A: A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your parents must have the ability to understand what they are signing and must express their desire to give you these powers. If they are unable to do so at this point, you will need to apply for Guardianship.

Jonathan R. Ratchik and Tim Akpinar agree with this answer

1 user found this answer helpful

A: A Healthcare Directive. Available for free at most hospitals. I prepare them regularly for you.

Tim Akpinar agrees with this answer

A: As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand the significance of the POA). https://www.nyc.gov/assets/hra/downloads/pdf/services/homelessness-prevention/poa.pdf

Best to speak with an experienced elder law attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

Tim Akpinar agrees with this answer

A: The health care proxy would be the way to go for basic medical decisions. As my colleagues have outlined, there are additional options, such as POAs, guardianships, etc., some of which can be broader in scope. Good luck

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