Living Wills & Advance Directives on Long Island
Protecting Your Medical Wishes: 90 Years Serving Long Island Families
An advance directive is a legal document that records your medical care preferences and designates who can act on your behalf when you can no longer communicate those wishes. In New York, two documents form the foundation of this planning: a living will, which sets out your written instructions about end-of-life or emergency care, and a health care proxy, which names a trusted person to carry out those instructions. Without them, the people you love may face conflicting choices, disagreements, or court proceedings at the worst possible moment.
At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we’ve helped Long Island families plan for exactly these situations since 1935. Because we practice across estate planning, elder law, family law, real estate, and civil litigation, the advance directive work we do for you connects to your broader legal picture rather than sitting in isolation.
Ready to protect your medical wishes? Call us today for a free consultation at (631) 449-7699. There’s no obligation, and you’ll speak directly with an attorney.
The Three Core Documents in New York Advance Directive Planning
New York recognizes distinct documents for health care and financial decision-making in the event of incapacity. Understanding what each one does helps clarify why having all three in place matters.
Living Will
A living will sets out your written instructions about specific medical treatments you do or don’t want under circumstances such as terminal illness, permanent unconsciousness, or persistent vegetative state. It speaks directly to medical providers. New York doesn’t require a standardized form, but courts apply a clear and convincing standard: the document must include a date, your signature, and the signatures of two adult witnesses who attest you signed voluntarily.
Health Care Proxy
A health care proxy designates a trusted person as your health care agent to make medical decisions when an attending physician or nurse practitioner determines you lack decision-making capacity, governed by New York Public Health Law Article 29-C. The named agent can’t serve as one of the two required adult witnesses. The living will provides the instructions; the proxy names the person who carries them out. New York estate planning attorneys recommend having both.
Durable Power of Attorney
A durable power of attorney designates an agent to handle financial and legal matters if you become incapacitated, including real estate transactions, banking, and Medicaid-related actions. Without this document, your family may be unable to act on your behalf with financial institutions or government agencies, even in urgent circumstances.
One additional document worth understanding: a Medical Orders for Life-Sustaining Treatment (MOLST) is a separate physician-signed medical order addressing CPR, intubation, and artificial nutrition. It supplements advance directives but doesn’t replace them. New York also doesn’t maintain a state registry for advance directives, so copies should go to your health care agent, primary care physician, any treating specialists, and your health care facilities.
What Happens in New York Without Advance Directives
When no valid health care proxy or living will exists, New York’s Family Health Care Decisions Act establishes a statutory hierarchy for who may make medical decisions on your behalf: spouse or domestic partner first, then adult children, parents, adult siblings, and others in sequence. Family members may disagree about your wishes, and without a written directive there’s no authoritative guide. Disputes can result in court proceedings where a judge or a court-appointed stranger may decide the care you receive.
Absent documented instructions, medical providers may administer life-sustaining treatment, including artificial nutrition and hydration, that you wouldn’t have chosen. On the financial side, without a durable power of attorney your family may be unable to pursue asset protection strategies or file for Medicaid benefits when time matters most. There’s also a point many families don’t consider: once a child turns 18, parents lose automatic authority to make medical decisions or access medical information for that child. A health care proxy can help address this immediately.
Why Nassau & Suffolk County Residents Trust Our Firm
We’ve practiced in Nassau and Suffolk County courts for decades. That history means we understand how local institutions, courts, and agencies operate, and we bring that context to every client engagement. When a full-service firm prepares your advance directives, the attorneys who draft those documents already know your estate plan, your family circumstances, and your property holdings, so everything coordinates rather than conflicts.
Direct Attorney Access & Ongoing Reviews
You work directly with a seasoned attorney, including managing attorney Joshua Blumberg, rather than being handed off to junior staff or paralegals. You get continuity and clear communication from the first consultation through every revision. Our multi-attorney structure also means that if your planning touches elder law, a real estate transaction, or a family matter, you don’t have to start over with someone new.
We treat estate planning as a dynamic process because life changes: marriages, divorces, new health diagnoses, shifts in family relationships, and updates to New York law. We offer periodic reviews to help keep your advance directives current with your situation. Our attorneys are responsive outside normal business hours, including evenings and weekends, because legal questions don’t always arise at convenient times.
Start Your Advance Directive Planning Today
Every adult in New York who is 18 or older can have advance directives in place. The right time to prepare them is before a health event makes the decision urgent. We serve Nassau and Suffolk County residents and offer free consultations with no obligation to those who want to understand their options and take this step.
Call us at (631) 449-7699 or schedule your free consultation online. You’ll speak with an attorney who knows this area of law and can take the time to understand your situation.
Don’t leave these decisions to chance. Call Blumberg, Cherkoss, Fitz Gibbons, Blumberg at (631) 449-7699 today and put a plan in place designed to speak for you when it matters most.