Getting Your Papers In Order
Healthcare and Legal Documents for Aging at Home
When Dwayne turned 70, he felt fine. He walked two miles every morning, cooked his own meals, and kept up with his grandkids. Then one afternoon, he felt dizzy and fell in his kitchen. His daughter rushed him to the hospital.
Dwayne was okay—just a minor issue that the doctors could treat. But while he was in the hospital, his daughter ran into a problem. She wanted to talk to his doctor about his care. She wanted to help make decisions. But the hospital said she wasn't allowed to. Dwayne hadn't signed any papers giving her that right.
"I didn't even know I needed to do that," Dwayne said later. "I thought my family would just be able to help me."
Many people think the same thing. But in New York, your family can't automatically make healthcare decisions for you—even your spouse or children. You have to put it in writing ahead of time.¹ ² The good news is that the paperwork isn't hard. And you don't need a lawyer to do it.
What Is a Health Care Proxy?
A health care proxy is a simple form. It lets you pick someone you trust to make medical decisions for you if you can't speak for yourself.¹ This person is called your "health care agent."
Your agent only steps in if you're too sick or hurt to make your own choices. As long as you can speak for yourself, you stay in charge. But if something happens—like a stroke, a serious accident, or dementia—your agent can talk to doctors and make decisions based on what you would want.³
In New York, you must be 18 or older to fill out a health care proxy. You need two witnesses to sign the form. You do not need a lawyer, and the form is free.¹ ⁴
You can pick almost anyone to be your agent—a family member, a close friend, or someone else you trust. The most important thing is that this person knows your wishes and will follow them.
What Is a Living Will?
A living will is a little different. It's a written statement that explains what kind of medical care you want—or don't want—if you become very sick and can't speak for yourself.⁵
For example, a living will might say:
"I do not want to be kept alive on machines if there is no chance I will recover."
"I want to receive pain medication, even if it makes me sleepy."
"I do not want a feeding tube."
A living will helps your family and doctors understand your values. It can also guide your health care agent if they're not sure what you would want.
In New York, a living will is not required by law like a health care proxy. But many people choose to have both.⁵ That way, your agent has clear instructions to follow.
What Is a Power of Attorney?
A power of attorney is different from a health care proxy. It covers money and legal matters—not medical care.⁶
With a power of attorney, you pick someone (called your "agent") to handle things like:
Paying your bills
Managing your bank accounts
Filing your taxes
Selling property
In New York, most people use what's called a "durable" power of attorney. The word "durable" means it stays in effect even if you become unable to make decisions for yourself.⁶ ⁷ This is important. Without it, if something happens to you, your family might have to go to court to get permission to handle your affairs. That takes time and money.
To make a power of attorney official in New York, you need to sign it in front of a notary and two witnesses.⁷
What About Life Insurance?
If you have a life insurance policy, it's also part of your planning. Many people don't think about life insurance until someone dies. But there are a few things to know.
Who gets the money? When you buy life insurance, you name a "beneficiary." That's the person who will receive the money after you die. It could be your spouse, your child, or someone else you choose.⁸
Here's the important part: the beneficiary you name on your life insurance policy is the one who gets the money—not whoever is named in your will. If your policy says one thing and your will says another, the policy wins.⁹ So it's a good idea to check your policy and make sure the right person is listed.
Does life insurance go through probate? Usually, no. If you name a specific person as your beneficiary, the money goes straight to them. This can happen quickly and avoids the court process called "probate," which can take a long time.¹⁰
But if you don't name a beneficiary—or if the person you named has already passed away—the money might go to your estate instead. That can slow things down and even create tax problems.¹⁰ ¹¹
What if you need the money while you're still alive? Some life insurance policies have a feature called an "accelerated death benefit" or "living benefit." This lets you access part of your death benefit early if you're diagnosed with a serious illness—like a terminal illness or, in some cases, a chronic condition.¹² ¹³
Not all policies have this feature. And there are rules about when you can use it. But it's worth asking your insurance company if your policy includes it. The money could help pay for medical bills or care at home.¹⁴
One thing to keep in mind: if you use part of your death benefit while you're alive, there will be less left for your family after you pass.¹⁵
Why Does This Matter?
Dwayne's story has a happy ending. After his fall, he went home and did some planning. He filled out a health care proxy and named his daughter as his agent. He talked with her about what he would want if he ever got very sick. He signed a power of attorney so she could help with his bills if needed. And he pulled out his old life insurance policy to make sure his daughter was listed as the beneficiary.
"It wasn't fun to think about," Dwayne said. "But now I feel better knowing my family won't have to fight to help me—or guess what I would have wanted."
Where to Get Help
You don't have to do this alone. Here are some places to start:
Your local Office for the Aging. Every county in New York has one. They can connect you with free help, including legal services for things like health care proxies and powers of attorney.¹⁶
NY Connects. This is a free hotline that helps older adults and people with disabilities find services. Call 1-800-342-9871.¹⁶
Your doctor's office. Many hospitals and clinics have health care proxy forms available and can answer questions.
Your life insurance company. Call them to ask about your policy, check your beneficiary, and find out if you have any living benefit options.
The New York State Attorney General's Office. They offer a free guide to advance directives that explains your options in plain language.¹
This article shares general information only. I am not an attorney, and this is not legal advice. It is not legal or financial advice. Every person's situation is different. Talk to a lawyer, financial advisor, or your local Office for the Aging if you have questions about your specific needs.
References
New York State Attorney General. "Advance Directives." https://ag.ny.gov/publications/advance-directives
NYC Bar Association. "Power of Attorney in New York." https://www.nycbar.org/get-legal-help/article/wills-trusts-and-elder-law/power-attorney/
New York State Bar Association. "LEGALease: Living Wills and Health Care Proxies." https://nysba.org/legalease-living-wills-and-health-care-proxies/
Adirondack Health. "Planning in Advance – Make Your Wishes Known." https://www.adirondackhealth.org/pages/advance-directives
NewYork-Presbyterian Westchester. "Advance Directives." https://www.nyp.org/westchester/patients-visitors/during-your-stay/advance-directives
FreeWill. "A Guide to Making a New York State Power of Attorney." https://www.freewill.com/learn/guide-to-making-a-new-york-state-power-of-attorney
LegalZoom. "Power of Attorney Requirements in New York." https://www.legalzoom.com/articles/power-of-attorney-requirements-in-new-york
Progressive. "How Life Insurance Works With Estate Planning." https://www.progressive.com/answers/life-insurance-estate-planning/
Aflac. "Life Insurance Beneficiary vs. a Will." https://www.aflac.com/resources/life-insurance/life-insurance-beneficiary-vs-a-will.aspx
SmartAsset. "Is Life Insurance Part of an Estate?" https://smartasset.com/estate-planning/is-life-insurance-part-of-an-estate
SmartAsset. "Estate as Life Insurance Beneficiary." https://smartasset.com/estate-planning/estate-as-life-insurance-beneficiary
NerdWallet. "How Does an Accelerated Death Benefit Work?" https://www.nerdwallet.com/article/insurance/accelerated-death-benefit
Progressive. "What Is An Accelerated Death Benefit Rider?" https://www.progressive.com/answers/accelerated-death-benefit-rider/
Aflac. "What Are Living Benefits of Life Insurance?" https://www.aflac.com/resources/life-insurance/living-benefits-of-life-insurance.aspx
SmartAsset. "How An Accelerated Death Benefit Works." https://smartasset.com/financial-advisor/accelerated-death-benefit
New York State Office for the Aging. "Local Offices." https://aging.ny.gov/local-offices