Legal Question in Wills and Trusts in New York

Living Wills

I want to make sure that I am not kept on life support if I become incapacitated, etc. It is known that some doctors will prolong a patient's life in order to make money for the hospital. In my will, may I suggest legal consequences in the event the doctor does not honor my will and keeps me on support?


Asked on 7/24/08, 12:36 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Living Wills

A properly drawn "Living Will", otherwise known as a Health Directive, should clearly convey this. In that document you spell out exactly what treatments may be given or withheld, and under what circumstances. In that document you also appoint a Health Care Proxy, who is someone you name and delegate authority to act for you, to carry out the terms set forth in the document, if you are incapacitated and/or otherwise unable to communicate your wishes. I have a quite comprehensice form that covers these matters, plus a lot more, that can be used. Contact me directly if you need assistance. Your directions should not be set forth in a conventional Will because it is (A) not a permanent document (it can be changed over and over until you are incapacitated or pass away) and (B) is usually not available to be acted upon until you pass away. The correct form should be given to all of your doctors and be presented to a medical institution at your time of entry, and, of couse, a copy should be given to your proxy.

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Answered on 7/24/08, 1:07 pm


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