Who Speaks for You When You Can't Speak for Yourself?
Your Medical Wishes Deserve the Same Legal Protection as Your Assets
Healthcare directives are the documents that answer one of the most personal questions in estate planning: if you become unable to communicate your own medical decisions, who decides — and what do they know about what you actually want? Without these documents in place, that authority defaults to state law and hospital policy, not your family's understanding of your values.
We help Long Island families create two core documents that work together:
- Healthcare Proxy: A legal designation naming the person you trust to make medical decisions on your behalf if you become incapacitated. Your proxy speaks with your voice when you cannot.
- Living Will (Advance Directive): A written statement of your specific wishes regarding life-sustaining treatment, resuscitation, artificial nutrition, and other critical medical interventions — so your proxy isn't guessing, and your family isn't divided.
Together, these documents give your loved ones clarity and legal authority at exactly the moment when they need both most.
What We Cover in Every Healthcare Directive Engagement
Working with a healthcare proxy attorney on Long Island means more than filling in names on a form. We take the time to understand your family structure, your values, and any medical history or concerns that should shape how these documents are drafted.
Every healthcare directive engagement with our firm includes:
- A substantive conversation about your medical values, not just your legal options
- Identification of the right proxy — and a successor proxy if your first choice is unavailable
- A living will drafted to reflect your specific wishes, including end-of-life care preferences
- Coordination with your HIPAA authorization so your proxy can access your medical records
- Integration with your broader estate plan so all documents are consistent and current
- A plain-language explanation of each document so you and your family understand exactly what has been prepared
We also include a free plan review at least every three years, because your health circumstances, family relationships, and wishes can change — and your documents should keep pace.
Naming a healthcare proxy is an important first step, but it leaves a critical gap: your proxy still has to decide. If they don't know your wishes — or if family members disagree about what you "would have wanted" — even a trusted proxy can be paralyzed by pressure, grief, and uncertainty.
A living will removes that burden. It records your actual instructions in writing, covering scenarios that are difficult to anticipate but important to address: whether you want aggressive intervention if recovery is unlikely, how you feel about prolonged mechanical support, and what quality-of-life considerations matter most to you. When your proxy has both the legal authority and the documented guidance, they can act with confidence instead of guilt.
This is why we treat healthcare directives as a paired set, not a checklist item. The goal isn't just to have the paperwork — it's to make sure the paperwork actually reflects your wishes and can be acted on without confusion.
Why a Healthcare Proxy Alone Isn't Enough
Healthcare Directives as Part of a Complete Estate Plan
Healthcare directives don't exist in isolation. They sit alongside your will, your power of attorney, and your trust documents as part of a coordinated plan that covers you across every dimension — financial, legal, and medical. Our LIFT planning framework — which stands for lifestyle, insurance, financial, and tax planning — ensures that your healthcare directives are drafted with full awareness of your broader goals and family situation.
For families in Nassau and Suffolk counties who have already done some planning, we frequently find that healthcare directives are the missing piece: the will is in place, the beneficiary designations are updated, but there's nothing on file that tells a hospital or a doctor what the family actually wants. We address that gap as part of every estate planning engagement, and we can also prepare or update these documents as a standalone service for families who need them urgently.
If you're an adult child helping an aging parent get their affairs in order, or a parent of young children who hasn't yet addressed what happens if both of you are incapacitated at the same time, healthcare directives belong at the top of your planning list.
Every plan we build starts with your family's goals, then draws on whichever services fit your situation. Learn more about Estate Planning, Probate Administration, Kids Protection Planning, Asset Protection, Elder Law, Special Needs Planning, and LIFT Planning.
What Clients Say
Serving Long Island and New York City
Jason R. Breit, Esq. P.C. provides fixed-fee estate planning for individuals and families throughout Long Island and New York City, including:
- Melville, NY
- Garden City, NY
- Huntington, NY
- Massapequa, NY
- Long Island, including Nassau and Suffolk Counties
- New York City
Prefer to meet remotely? Jason offers
estate planning consultations by Zoom, providing the same personalized guidance whether you’re on Long Island, in New York City, or meeting at his Melville office.
Questions Families Ask About Healthcare Directives
What is a healthcare proxy, and how is it different from a power of attorney?
A healthcare proxy designates someone to make medical decisions on your behalf if you're incapacitated. A power of attorney designates someone to handle financial and legal matters. They serve different functions and name different agents — though many families choose the same trusted person for both roles. Both documents are essential parts of a complete estate plan.Does my healthcare proxy have authority the moment I sign the document?
No. A healthcare proxy only becomes effective if and when you are determined to lack the capacity to make your own medical decisions. Until that point, you retain full authority over your own healthcare choices. The document sits in reserve unless it's needed.What happens if I don't have a healthcare proxy in New York?
New York law provides a default order of medical decision-making authority — typically a spouse, then adult children, then parents, and so on. But this process can be slow, contested, and doesn't account for your specific wishes or family dynamics. A properly executed healthcare proxy removes ambiguity and gives the person you trust the legal standing to act immediately.Can I change my healthcare proxy or living will after I sign it?
Yes. You can revoke or update your healthcare directives at any time, as long as you have the mental capacity to do so. We recommend reviewing these documents whenever your family situation changes — a marriage, divorce, death of a named proxy, or significant shift in your health — and at minimum every three years as part of our complimentary plan review.Do my New York healthcare directives apply if I'm hospitalized in another state?
Most states will recognize a properly executed New York healthcare proxy, but there are variations in how different states handle advance directives. If you spend significant time in another state — a Florida residence in winter, for example — we can discuss whether additional documentation makes sense for your situation.
Ready to Put Your Medical Wishes in Writing?
Healthcare directives are among the most personal documents in any estate plan, and the most important ones to have before they're needed. Our team works with families across Long Island — including Garden City, Huntington, and Massapequa — to make sure these documents are drafted clearly, executed correctly, and integrated with everything else in your plan. Reach out to schedule a conversation.