Why you need a Will? It is generally a good idea for all adults to have a Will. A Will does not just determine how the things you own are distributed. It affects only those items you solely own. Nevertheless, if you should die without a Will then your property get s distributed among your family members. This may or may not be the manner you would prefer. A Will would set the record straight on this matter. A Will makes it very clear as to how you would like your affairs handled after you pass on. Remember, that should a person die without a Will State Law determines who receives that person?s assets that would pass under a Will. Usually family members will still inherit.

Having a Will allows you to determine who will receive what assets. You can make gifts of specific assets to specific persons or charities. You can mane that person you want as the Executor of your estate. You can leave assets in trust if you prefer as well as making outright gifts. The important aspect of a Will is that it is your "personal plan".

There are other legal documents that may be even more important than a Will. These documents will enable someone else to make health care and financial decisions on your behalf should you become unable to do so for yourself. These are "advanced directives". Health care proxies and living wills are the advanced directives for your health care whereas a power of attorney allows someone to make financial decisions for you. These documents are very important because should you become unable to handle your own affairs and you do not have them then someone would have to petition the Court for a guardianship so others could make these decisions for you. If you have advanced directives then the choice is yours and you would have instructed them on how to handle things.

A Health Care Proxy is a legal instrument in which the person signing the document appoints an agent to make health care decisions in the event that the signer is unable to do so. It is used only when you are unable to make your own decisions. We will go over the particulars of the Health Care Proxy and explain to you the importance of choosing an appropriate person as your agent. In short, your agent should be someone who can "step into your shoes" as it were should the need arise. You should choose someone who would make decisions based on what "you would want" and on your wishes. You should address such issues as artificial nutrition and hydration. Instructions such as these require rather specific wording and for that we are here to assist you and advise.

A Living Will is a legal document, which you can state your wishes regarding certain health procedures that may be necessary in the future. A Living Will is intended to anticipate the situation wherein you might be in an incurable or an irreversible mental and/or physical state, with no reasonable expectation of recovery. Persons who want to express their feelings on withholding or the withdrawing of life-sustaining treatment that prolongs the process of dying usually use a Living will.

Do Not Resuscitate Law in New York provides a presumption in favor of providing Cardiopulmonary Resuscitation (C.P.R.) if the medical technicians have no knowledge of an existing D.N.R. order. There are two types of D.N.R. orders: Hospital and Non-Hospital orders. The hospital order provides for withholding of C.P.R. only in the hospital whereas the non-hospital D.N.R. Order provides for withholding C.P.R. in any non-hospital location.

Physicians

Must review a D.N.R. Order to make sure it is still applicable. It is always possible to change your mind if you have a D.N.R. Order in place. Organ Tissue Donation is considered my many to be of great importance due to the tremendous need for organ and tissue donors. Currently across the country there are close to 80,000 individuals on waiting lists for organ transplants. Persons of all ages can donate their organs even the very elderly. Organs that can be donated include the heart, kidneys, lungs, pancreas, liver and intestines. Tissues that can be donated include the skin; bones heart valves, eyes, veins and arteries. You can declare yourself a donor on your driver's license, your will or in your health care proxy. You can even designate a specific donee if you wish.

New York Durable Power of Attorney comes in two forms: the regular Durable Power of Attorney which comes into play as soon as it is signed, and the Springing Power of Attorney which becomes legally applicable at a future time. This future time is usually when you loss capacity to make your own choices. All powers of attorney terminate upon your death. A power of attorney can be revoked at anytime prior to death if you change your mind. The Courts can also revoke a power of attorney if the agent is misusing the authority granted to him or her.

Remember that choosing an appropriate agent is the most important decision you will make because of the powers you are granting to this person through the above instruments. Make certain that the person you name as your agent is willing to be your agent and abide by your wishes. Someone who is trustworthy and reliable.

If you have some free time please feel free to contact us and discuss the various benefits for older New Yorkers:
Social Security
Medicare
Medicare Buy-In
Medicaid
Supplemental Security Income (SSI)
Public Assistance
Veterans Benefits
Food Stamps
Real Property
Tax Credit (IT-214)
Reduced Fare
Life Line Telephone Service
EPIC: Elder Pharmaceutical Insurance Coverage Program
HEAP: Home energy Assistance Program
WRAP: Weatherization Referral and Packaging Program
SCRIE: Senior Citizen Rent Increase Exemption
SCHE: Senior Citizens Homeowners Exemption STAR: NYS School Tax Relief Program