Westchester Health Care Proxy Attorney

A Health Care Proxy is a simple yet essential legal document that gives someone you trust the authority to make medical decisions on your behalf if you are unable to do so. Without it, your family may face confusion or disagreement during a medical emergency—and healthcare providers may be limited in what they can do. At Cavallo & Cavallo, we help Westchester residents prepare Health Care Proxies that offer peace of mind and ensure their healthcare choices are respected.

What Is a Health Care Proxy?

A Health Care Proxy is a legal document under New York law that allows you (the principal) to appoint another person (your agent) to make healthcare decisions for you if you are incapacitated or otherwise unable to express your wishes.

This document does not take away your rights—you continue to make your own medical decisions for as long as you are able. It only takes effect when a doctor determines that you are not capable of making those decisions yourself.

Your agent can:

• Speak with doctors and access medical records
• Consent to or refuse treatment on your behalf
• Make decisions about surgery, medication, or hospitalization
• Authorize transfers between medical facilities
• Follow your guidance about end-of-life care and quality-of-life preferences

Why You Need a Health Care Proxy

Medical crises often happen unexpectedly. If you are ever unable to speak for yourself—due to injury, surgery, dementia, or serious illness—your family and doctors will need direction.

A Health Care Proxy ensures:

• Someone you trust is legally empowered to act for you
• Your personal values and healthcare preferences are respected
• Family members avoid legal disputes or emotional stress
• Providers can follow clear instructions without fear of liability

Without a Health Care Proxy, decisions may fall to the hospital or a court-appointed guardian—not necessarily the person you would choose.

Choosing the Right Agent

Your health care agent should be someone you trust completely, who understands your values and is comfortable making difficult decisions under pressure.

Qualities to look for:

• Trustworthy and dependable
• Able to communicate clearly with doctors and family
• Emotionally strong in crisis situations
• Willing to honor your wishes, even if they differ from their own
• Available to act if needed

Many people choose a spouse, adult child, close friend, or sibling. You can also name a successor agent in case your first choice is unavailable.

We help you think through your options and make the right selection for your situation.

Health Care Proxy vs. Living Will

A Health Care Proxy is not the same as a Living Will, but they are often used together.

• The Health Care Proxy names someone to make decisions for you.
• The Living Will provides written instructions about the care you do or do not want, especially in end-of-life scenarios.

Together, they form a strong foundation for your medical decision-making plan.

Legal Requirements in New York

To be valid under New York law, your Health Care Proxy must:

• Be in writing
• Be signed by you while you are of sound mind
• Be witnessed by two adults who are not your agent

The document does not need to be notarized. Once signed, it is effective until you revoke it or sign a new one.

We ensure your Health Care Proxy complies with all New York legal requirements and is properly executed.

When Does the Health Care Proxy Take Effect?

Your agent’s authority begins only when your attending physician determines that you lack the capacity to make your own medical decisions.

Examples of when this might happen:

• During surgery with complications
• After a serious accident or stroke
• In advanced stages of dementia
• While unconscious or in a coma

Until that time, you remain in control of your own care.

Communicating Your Wishes

A good Health Care Proxy goes beyond just naming an agent. You should also communicate your values, preferences, and concerns about healthcare decisions.

Topics to consider:

• Use of life-sustaining treatments like ventilators or feeding tubes
• Organ donation
• Pain management and comfort care
• Religious or spiritual beliefs
• End-of-life choices and quality-of-life considerations

We can help you pair your Health Care Proxy with a Living Will or provide written guidance to your agent in the form of a personal statement or letter of intent.

Sharing and Storing Your Health Care Proxy

Once your Health Care Proxy is completed and signed, be sure to:

• Provide a copy to your named agent(s)
• Share it with your doctors or medical providers
• Keep a copy in a safe but accessible location
• Bring a copy when traveling or entering the hospital
• Include it in your estate planning file

We also offer digital storage options and coordination with your other healthcare documents.

Frequently Asked Questions About Health Care Proxies

Can my health care agent make decisions right away?
No. The document only takes effect if a doctor certifies that you are unable to make your own medical decisions.

Can I name more than one agent?
You may name a primary agent and a successor, but not co-agents under New York law. This avoids conflict and ensures clear decision-making.

Can I change or revoke my Health Care Proxy?
Yes. You can revoke or replace it at any time as long as you are mentally competent.

Is a Health Care Proxy valid in other states?
Generally, yes. Most states honor out-of-state documents, but if you move, it’s best to create a new one that complies with local law.

Do I need a lawyer to make a Health Care Proxy?
While forms are available, working with a lawyer ensures that the document is customized, compliant, and properly executed—especially if you have unique wishes or concerns.

Serving Throughout Westchester, NY

• Scarsdale
• Bronxville
• Larchmont
• Rye
• Chappaqua
• Pelham
• Armonk
• Mamaroneck
• Dobbs Ferry
• Tarrytown

How Cavallo & Cavallo Can Help

We have decades of experience helping Westchester clients create comprehensive healthcare directives that reflect their wishes and protect their rights.

• Drafting Health Care Proxies and Living Wills
• Helping you choose and prepare your healthcare agent
• Reviewing and updating existing documents
• Coordinating with Powers of Attorney and estate plans
• Advising families during medical decision-making crises

We approach these sensitive issues with clarity, compassion, and legal precision.

Speak With a Westchester Estate Planning Attorney

Don’t leave critical healthcare decisions to chance. Contact Cavallo & Cavallo today to speak with a trusted Westchester estate planning attorney and create a Health Care Proxy that ensures your voice is heard, your choices are honored, and your future is in good hands.