Westchester Living Wills Attorney
A Living Will is a vital legal document that allows you to make your healthcare wishes known in advance—before a medical crisis arises. While no one likes to think about serious illness or end-of-life decisions, taking the time to document your preferences now can spare your loved ones from difficult choices later. At Cavallo & Cavallo, we help Westchester residents prepare Living Wills that offer clarity, comfort, and control when it matters most.
What Is a Living Will?
A Living Will is a written declaration that outlines your wishes regarding life-sustaining treatment and medical care in the event you become unable to communicate due to illness, injury, or incapacity. Unlike a Last Will and Testament, which addresses asset distribution after death, a Living Will focuses on healthcare decisions during your lifetime.
It typically addresses:
- Artificial respiration (ventilator use)
- Feeding tubes and hydration
- Cardiopulmonary resuscitation (CPR)
- Pain management and comfort care
- Organ and tissue donation preferences
Your Living Will speaks for you when you cannot speak for yourself.
Why You Should Have a Living Will
Medical emergencies can happen at any age. If you’re ever in a condition where you’re unable to express your wishes, having a Living Will ensures that doctors and loved ones understand your preferences—and that they are legally respected.
A Living Will helps you:
- Maintain control over your medical treatment
- Avoid unwanted or unnecessary life-prolonging measures
- Ease the emotional burden on family members
- Reduce the likelihood of disagreements among relatives
- Ensure alignment with your values and beliefs
It is especially important for those with chronic illness, undergoing surgery, or entering a long-term care facility.
Living Will vs. Health Care Proxy
While both documents deal with medical care, they serve different—but complementary—purposes.
- A Living Will spells out your specific wishes for end-of-life treatment.
- A Health Care Proxy designates someone to make healthcare decisions for you if you are unable to do so.
We recommend that Westchester clients have both in place as part of a comprehensive advance directive package. The Health Care Proxy gives decision-making authority to a trusted individual, while the Living Will provides clear guidance for that person to follow.
What Should Be Included in a Living Will?
A well-drafted Living Will can be customized to reflect your personal beliefs and values. You may want to include preferences on:
- Use of life support or resuscitation
- Comfort care and pain relief
- Use of feeding tubes or IV hydration
- Treatment of infections or terminal conditions
- Organ donation or anatomical gifts
- Instructions for religious or spiritual practices
We help you think through these issues carefully and draft language that reflects your wishes precisely.
Legal Requirements in New York
New York law does not have a single statute governing Living Wills, but they are recognized by courts as valid expressions of your healthcare preferences. To be effective, a Living Will must:
- Be made while you are mentally competent
- Be in writing and signed by you
- Clearly state your treatment preferences
- Be accessible to your healthcare agents and providers
We ensure your Living Will is legally sound and coordinated with your other estate planning documents.
Sharing and Storing Your Living Will
A Living Will only helps if it’s available when needed. After signing your document, we recommend that you:
- Give a copy to your named health care agent
- Provide copies to your doctor or healthcare providers
- Bring it with you when traveling or going to the hospital
- Store it in a safe but accessible place
We also offer secure document storage options and guidance for updating your directives as circumstances change.
Frequently Asked Questions About Living Wills
Is a Living Will the same as a DNR?
No. A DNR (Do Not Resuscitate order) is a medical order issued by a physician. A Living Will is a legal document you create in advance to guide future care. Both can work together.
At what age should I make a Living Will?
Any adult can benefit from a Living Will, especially once you have dependents, undergo major medical treatment, or begin thinking about long-term care.
Can I change my Living Will later?
Yes. You can revoke or revise your Living Will at any time while you are mentally competent.
Will doctors follow my Living Will?
Yes. In New York, courts generally uphold Living Wills when they are clear, signed voluntarily, and consistent with known healthcare wishes.
Do I need witnesses or a notary?
While New York does not require notarization, we often include it or use witnesses to help validate the document’s authenticity.
Should I have both a Living Will and a Health Care Proxy?
Yes. Together, these documents offer the best legal protection and ensure your medical choices are honored.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
At Cavallo & Cavallo, we take a compassionate and thoughtful approach to advance care planning. We guide you through the decisions involved in creating a Living Will and ensure your documents are clearly written, legally valid, and aligned with your beliefs and goals.
Our services include:
- Drafting Living Wills tailored to your wishes
- Preparing Health Care Proxies and Power of Attorney forms
- Reviewing and updating existing directives
- Coordinating with your family and healthcare providers
- Integrating advance directives into your estate plan
We make the process straightforward and respectful, giving you and your loved ones confidence and clarity.
Speak With a Westchester Estate Planning Attorney
Your healthcare decisions deserve to be respected—even if you can’t express them yourself. Contact Cavallo & Cavallo to speak with a knowledgeable Westchester estate planning attorney and create a Living Will that ensures your voice is heard, your wishes are honored, and your future is protected.
