All informed clients, young and old, rich and poor, have the minimum Elder Law Survival Kit. At MMKO, we provide our clients with knowledgeable advice and education so that they understand the importance of these documents as well as the legal impact of these documents.
Power of Attorney
A Durable Power of Attorney is a document that authorizes another person to handle a variety of affairs. Form Powers of Attorney are available in stationery stores, but they do not have the necessary language to assist you and your agent should a crisis occur. Our Powers of Attorney have been drafted to prepare for a variety of possibilities.
Health Care Proxy
A Health Care Proxy is a document that authorizes another to communicate your health care decisions if you are not able to do so yourself. We prepare Health Care Proxies to allow your agent authority/access to your medical information under the federal privacy regulations.
Any adult child 18 years of age or older should execute a Health Care Proxy. In the event of injury or sickness, the parents or other agent, have the right to be advised of their medical condition and the right to speak to the treating physician. This is particularly applicable for an adult child at home, away at school or traveling. Without a Health Care Proxy and without the direct consent of the adult child, the parent or agent is not permitted any access to medical information.
A Living Will is a document that authorizes specific treatment or care in advance. Many jurisdictions rely upon a Living Will rather than a Health Care Proxy. A New York resident should execute a Living Will in addition to a Health Care Proxy.
A DNR (Do Not Resuscitate) Order is a direction on a patient's medical chart that the patient should not be resuscitated under certain circumstances. It may be directed by the patient or a member of the patient's family. The DNR can be revoked at any time.
Article 81 Guardianship
An Article 81 Guardianship, which is a legal proceeding to appoint a guardian, requires formal pleadings and a hearing in Court. The Court, under certain circumstances, may appoint an attorney to represent the alleged incapacitated person. All actions of a Guardian are subject to Court Approval and the approval of a Court Examiner.
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