What legal planning documents do I need?

A Power of Attorney is a legal document that lets someone make decisions and take actions on your behalf. It allows you (the principal) to assign another person (your agent) to handle your affairs if you are unable. On the Power of Attorney form, you list what you want your agent to handle. For example, you could give your agent permission to do your banking or sell a property.

You can assign anyone to be your agent, but they need to be at least 18 years old. You can also assign a back-up agent (successor agents) in case your primary agent can't do it. You can assign more than one agent. But, you have to say on the form if they work together or separately. Power of Attorney does not give up your ability to act for yourself. You can terminate (end) your agents if you don’t think they are helpful.

Your agent will have a lot of power over your personal and financial affairs. Choose a person who is trustworthy and honest.

You can create your own Power of Attorney. If you need more help, use the Find a Lawyer search for free legal services near you. Learn more about Power of Attorney.

Health care planning is for future medical care. Make a plan now, in case you get too sick to make your own decisions. Think about health care situations and talk to your family and friends. A Health Care Proxy and a Living Will guide people to make the right decisions for you. You can have just a Health Care Proxy, just a Living Will, or both.

In a Health Care Proxy, you assign someone, your agent, to make medical decisions. They do this when you are too sick to make your own. Your doctor decides when to ask your agent for help. Then your doctor decides you are well enough to make the decisions. 

Pick someone you trust to be your agent. They have to make key decisions about your medical care. They decide how much treatment to save your life. You can assign another person to be your agent, if the first person can't. You may change or remove your Health Care Proxy any time. 

In the Health Care Proxy form, explain what medical treatment you do or do not want. The agent cannot make decisions for you about food and water by a feeding tube or IV, unless you include it in the form. Sign and date the Health Care Proxy in front of two adult witnesses who are not your agent. This form goes in your medical file so the doctors know who your agent is. 

Learn more about health care proxies.

In a Living Will, you plan what medical care and treatment you do or do not want at the end of your life. A Living Will guides your doctor when you cannot make your own decisions AND:

• you have an incurable and terminal condition, or 
• you are permanently unconsciousness or 
• you are conscious but with irreversible brain damage.

You can create both a Health Care Proxy form and a Living Will. If you have both documents, the Living Will can help guide your health care agent.

Both documents are about the medical care you would like if you cannot speak for yourself. With a Health Care Proxy, your agent tells the doctor what you would want. In a Living Will, you decide ahead of time. A Living Will is about life-prolonging procedures and end-of-life care. The Living Will cannot name a health care agent. If you want to name an agent, you also need a Health Care Proxy form. 

If your Living Will does not say what you want, then your agent (in the Health Care Proxy) decides. Your agent should know your wishes, values and beliefs.

If you are ready to create a Health Care Proxy, learn more about the form and instructions.

If you are ready to create a Living Will, learn more about the form and instructions.

After signing your Health Care Proxy or Living Will: 

• Make several copies.
• Keep the originals in a safe but accessible place (not a safe deposit box).
• Give copies to your health care agent, your lawyer or other advisors, close family members, doctors, and anyone else you choose.
• Under New York law, a doctor must put your Health Care Proxy form in your medical record.
• Consider a wallet card with information on where to find your Health Care Proxy or Living Will.

You can make a plan for your children in case something happens to you.

Legal plans provide peace of mind and protection in case of illness, death, or deportation. Learn more about the different child care plans and decide which one is right for you.

If you want specific funeral and burial arrangements, you can create a form. It is the "Appointment of Agent to Control Disposition of Remains" form. Use this form to choose someone to handle your funeral, burial or cremation. Explain your wishes for your funeral and burial on the form.

Learn more about the Disposition of Remains form and instructions.