Advance Directives

What are advance directives?

Advance directives are a family of legal documents that capture someone's important wishes in written form. They provide a reference in the event of emergencies or functional changes when someone cannot express those wishes themselves. Here are examples of common advance directives and a brief summary of their purpose:

• Health Care Proxy - this specifies a person to make health care decisions when someone is unable to, such as loss of consciousness or serious injury

• Power of Attorney - this gives a person the authority to act on another person's behalf in legal, financial, and other decision-making matters

• Living Will - this states a person's wishes about life-sustaining measures such as breathing machines and feeding / hydration (in medical settings, this is a doctor's order called MOLST)

• Last Will and Testament - this designates what happens with and who receives a person's assets and property after passing away

• Do Not Resuscitate (DNR) - this states a person's wishes about receiving life-saving treatments in the event of cardiac arrest or breathing stopping

Why are advance directives important?

It is understood that these are very difficult conversations to have about very serious possibilities that could happen in the future. Delay and avoidance are common. The presence of advance directives makes it easier and clearer for loved ones to understand how to act in accordance with their wishes and in their best interest in the event of an emergency. Without advance directives, questions can arise among loved ones and lead to fraught and painful battles at a time of heightened emotions. Additionally, when someone has a cognitive condition such as Alzheimer's disease, communication becomes more difficult and the person may lack the capacity to execute legal documents. Therefore, preparing advance directives ahead of time is critical - often long before they are ever needed.

What if I have not set up advance directives? What if I need to make changes?

Do not panic! It may not be too late. We suggest reaching out to a law firm specializing in Elder Law to discuss your situation in detail. There are no wrong questions.

The New York State Bar Association has created a helpful guide about advance directives available online: https://ag.ny.gov/sites/default/files/advancedirectives.pdf

Published in the Memory Center newsletter October 2025.