A Living Will, also known as an "advance directive" or "medical directive", is a set of instructions to guide medical professionals and your health care agent
about your medical treatment if you have become unable to make those decisions yourself.
The Living Will typically addresses the situation where you may have an irreversible or incurable condition with no reasonable chance of recovery, as may be the case in a terminal illness, permanent unconsciousness, or irreversible brain damage. You may also include any other wishes you have regarding your health care.
While New York State does not have a statute that specifically recognizes the Living Will, New York Courts do recognize the Living Will under common law and the United States Supreme Court has held that a person has a right to refuse medical treatment. To be recognized in New York, your wishes must be proved by clear and convincing evidence, while such wishes may be established with testimony regarding oral expressions of intent, a written and properly executed document is the best way to meet the "clear and convincing" test and ensure that your wishes are met.
If you have questions about the living will or are ready to draft yours please contact us