Planning for the future can be complex and emotionally draining. An experienced and compassionate attorney can make this process efficient and satisfying. The Law Offices of Andrea Lowenthal, PLLC handles Advance Directives for clients, including Wills, Powers of Attorney, Health Care Proxies, Trusts, and many others, all of which are intended to protect you and your family. These documents will give you the comfort of knowing that your decisions will be respected.

When should you create or update your Will, Power of Attorney, and Health Care Proxy?

If you don’t have any of these, then now is the time to take charge of your planning. If you do, but its been a while since you prepared them, then you should review your Will, Power of Attorney and Health Care Proxy to see if they still meet your needs. Ask yourself if the facts of your life have changed, or if the directions you stated, or the agents you chose, are still appropriate for you. In addition, because of changes in tax laws over time, you should review your Will with an attorney to determine if your estate plan still works for you.

Perhaps one or more of the following has happened to you:

• You just had children … or grandchildren
• You have just married … or become divorced or widowed
• You have acquired new property … or received an inheritance
• You started a new business and need to consider who will run it some day
• You are interested in a leaving something to charity now that your kids are doing well on their own
• Your health has deteriorated and your life expectancy is not the same as it was
• You executed the document so long ago that it no longer covers all the issues you think are important
• The person whom you nominated as executor or agent is no longer an appropriate individual for you to rely upon

Contact My Office for Compassionate Care

I take a vested interest in helping you to plan for your own care or the care of your loved ones. Contact my office via e-mail or call me today at  to discuss your Advance Directives needs with a compassionate and caring lawyer.

Advance Directives – Types of Documents

• A Will, or Last Will and Testament: Your Will allows you to direct who will receive your assets upon your death, and who will be the executor to administer your estate. Your Will might be very simple or very complex, depending on your needs and circumstances. No matter how large or small your estate may be, it is important to have a Will because without one the laws of “intestacy” will determine who your beneficiaries will be, and this might not suit you.Your Will might include the gifting of specific property to certain persons, or it might simply divide your probate estate among your beneficiaries based on percentages. With certain exceptions, you have the ability to make your own choice about who will be your beneficiaries. Also, if you have a disabled child or other relative, you may also want to plan for them in your Will, and there are ways that you can do so that will not cause them to lose their benefits. See my discussion about Special and Supplemental Needs Trusts. The estate plan set forth in your Will must work together with any trusts you have established, and any other directives upon death that you have made (eg, beneficiaries of your life insurance, or beneficiaries of your IRA or other accounts). You should discuss your plan with an attorney, and be sure that the Will drafted for you really does meet your needs.

• Power of Attorney: A power of attorney allows you to determine who you want to serve as your agent when you cannot manage your own financial and personal business affairs – such as the power to pay your bills, manage your finances, and protect your assets. It is very important that you understand what you are signing, and don’t just sign the form without discussing with counsel how it works. Contact my office via e-mail or call me today at if you would like to discuss your power of attorney.In September 2009, New York State adopted significant changes to the statutory form of durable power of attorney, and then in September 2010 further modified the statutory form. If you have an older power of attorney, it is probably still valid. However, it is important that you review it with knowledgeable counsel to be sure that it is valid, and – most importantly – that it still meets your objectives. You must understand each of the powers you are granting, and you should consider granting additional powers that are not in the basic statutory form but which may become important to you as you age or your condition changes.A power of attorney can authorize your agent to make gifts to the agent or others. The power to make gifts must be very carefully considered, and may become important in estate and asset-preservation planning at a later date. One of the most significant changes to the statutory form in 2009 was the requirement that any gifting power be set forth in a “Gifts Rider” to ensure that the principal – you – consider this power very carefully, and set any limits on it that you deem appropriate. For more information about powers of attorney, please visit my Frequently Asked Questions page.Granting someone the power to help you with your financial affairs is a big decision, and accepting that responsibility as an agent is as well. Your agent has “fiduciary” duties, which means he or she must act only in your best interest. The agent is now required to sign the power of attorney, and in so doing acknowledge his or her duties to you under the law. For more information about powers of attorney, please visit my Frequently Asked Questions page.Contact my office via e-mail or call me today at if you would like to discuss your power of attorney.

• Health Care Proxy: A health care proxy allows you to choose who will be permitted to make health care decisions for you if you not able to make those decisions yourself. This enables you to appoint someone you know and trust to make these important decisions when you are incapacitated. For more information about health care proxies, please visit my Frequently Asked Questions page.

• Living Will: A living will is a document that gives directions to your health care proxy as to how you should be cared for when you are not able to make those decisions. However, it also requires that you be suffering from a condition that you are, in all respects, not likely to survive or survive under conditions that you deem unacceptable (life support, ventilator, etc.). This document clearly expresses your wishes in those situations and instructs your health care proxy on the actions you want taken. For more information, please visit my Frequently Asked Questions page.

• Designation of Agent for Remains and Funeral Arrangements: New York State permits you to designate a specific person to have control over the disposition of your remains. The reason for making this document separate from your will is that your will may not be discovered or read immediately upon your death, meaning that your wishes for burial or other arrangements may not be known. This document lets you give specific instructions for your remains and your funeral and/or burial arrangements. For more information, please visit my Frequently Asked Questions
  page.

As you can see, there are many types of legal documents that can be used to create your plan for the future of your medical and financial well being. Contact me today to discuss your plans and I will help you create the Advanced Directives that are best for your needs.

At the Law Offices of Andrea Lowenthal, PLLC, you will receive compassionate, thoughtful support, and will be educated about the choices available to you and how you can plan, whether your needs are immediate, or you have a planning horizon of several years. Call for a consultation.