Westchester Advance Directives Attorney
Advance directives are essential legal documents that let you make decisions now about the healthcare you would want in the future—particularly in the event you’re unable to speak for yourself. They offer peace of mind, guidance for loved ones, and legal authority for your chosen decision-makers. At Cavallo & Cavallo, we help individuals and families in Westchester prepare advance directives that are clear, legally sound, and fully aligned with their personal wishes and values.
What Are Advance Directives?
Advance directives are a group of legal documents that allow you to express your healthcare preferences and name someone to act on your behalf if you become incapacitated. They ensure your wishes are known and followed when you are no longer able to make medical decisions for yourself.
In New York, key advance directives include:
- Health Care Proxy
- Living Will
- Do Not Resuscitate (DNR) Order
- HIPAA Authorization
Together, these tools provide a comprehensive plan for medical decision-making during serious illness, injury, or end-of-life situations.
Why Advance Directives Are Important
Without advance directives in place, your family may face difficult decisions without knowing your preferences. Doctors may be unsure of how to proceed, and disputes may arise among loved ones.
Advance directives help you:
- Maintain control over your healthcare choices
- Reduce confusion and emotional burden on family members
- Prevent unnecessary or unwanted medical interventions
- Ensure that someone you trust is legally authorized to act for you
- Protect your dignity and quality of life during serious illness
We help Westchester residents plan ahead with confidence and clarity.
Health Care Proxy
A Health Care Proxy allows you to appoint someone (your agent) to make healthcare decisions on your behalf if you are unable to do so. Your agent can:
- Communicate with doctors
- Review medical records
- Consent to or decline treatment
- Make decisions about surgery, medication, or end-of-life care
The Health Care Proxy only becomes active if a doctor determines that you are incapacitated. You can name a primary agent and a successor in case your first choice is unavailable.
We help ensure your Health Care Proxy is properly executed and consistent with your broader estate plan.
Living Will
A Living Will outlines your preferences for specific types of medical treatment if you are in a terminal condition or permanently unconscious. It may include instructions on:
- Resuscitation (CPR)
- Artificial nutrition and hydration (feeding tubes)
- Mechanical ventilation
- Pain management and comfort care
- Organ donation
This document serves as a written guide for your healthcare agent and medical team, helping ensure that your wishes are respected—even if you cannot express them.
HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPAA) restricts access to your medical records. A HIPAA Authorization allows your chosen representatives to receive medical information, even if they are not making decisions.
This form is often included with your Health Care Proxy and Living Will to ensure smooth communication with healthcare providers.
Do Not Resuscitate (DNR) Orders
A DNR Order instructs medical personnel not to perform CPR if your heart stops or you stop breathing. This is typically issued for patients with advanced illness and must be discussed with your physician.
In a hospital setting, DNR orders are issued by doctors. For at-home or long-term care, you can obtain a non-hospital DNR form approved by New York State.
We help clients understand the legal and medical considerations involved in creating a DNR.
Advance Directives and Estate Planning
Advance directives are a critical part of a complete estate plan. While Wills and trusts govern your financial legacy, advance directives ensure your healthcare decisions are handled according to your values.
We integrate advance directives with:
- Powers of Attorney
- Wills and Revocable Trusts
- Long-term care and Medicaid planning
- End-of-life instructions and legacy planning
This unified approach provides full protection—both medically and legally.
Talking With Your Family
Once you’ve created your advance directives, it’s important to:
- Share your documents with your healthcare agent, doctors, and loved ones
- Discuss your values, beliefs, and medical wishes openly
- Revisit your documents regularly and update them if circumstances change
We encourage thoughtful, ongoing conversations that support your care and your family’s understanding.
Frequently Asked Questions About Advance Directives
What happens if I don’t have advance directives?
Decisions may fall to family members or the hospital without clear authority or knowledge of your preferences. This can lead to stress, delays, or court involvement.
Can I name more than one healthcare agent?
You can name a primary agent and a successor, but only one person may act at a time under New York law.
Are these documents valid in other states?
Most states recognize out-of-state advance directives, but it’s best to create new ones if you move.
Can I change my advance directives?
Yes. You can revise or revoke your directives at any time as long as you are mentally competent.
Do I need a lawyer to create advance directives?
While forms are available, an attorney ensures your documents are complete, properly executed, and integrated into your broader estate plan.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
At Cavallo & Cavallo, we’ve been helping Westchester families protect their health and dignity through thoughtful legal planning for decades. Our advance directive services include:
- Drafting Health Care Proxies, Living Wills, and HIPAA forms
- Advising on end-of-life preferences and options
- Ensuring legal compliance with New York law
- Coordinating advance directives with estate and elder care planning
- Updating and revising directives as circumstances change
We guide you through these deeply personal decisions with compassion and legal clarity.
Speak With a Westchester Estate Planning Attorney
Advance directives give you a voice when you need it most. Contact Cavallo & Cavallo today to speak with a trusted Westchester estate planning attorney and take the next step in protecting your healthcare choices, your loved ones, and your peace of mind.
