Advanced healthcare directives are legal documents that allow you to express your healthcare preferences and appoint a healthcare agent who will make medical decisions on your behalf if you become incapacitated.
A notary public can help you properly execute your advanced healthcare directive and ensure that it is legally binding.
In this article, we will discuss everything you need to know about our advanced healthcare directive notary service.
What is an Advanced Healthcare Directive?
An advanced healthcare directive is a legal document that allows you to communicate your healthcare preferences and appoint a healthcare agent who will make medical decisions on your behalf if you become incapacitated. This document is also known as a living will or a medical power of attorney. It ensures that your healthcare wishes are respected and that your designated agent can make decisions on your behalf.
What are the benefits of having an Advanced Healthcare Directive?
Having an advanced healthcare directive has several benefits, including:
- You can make your healthcare preferences known in advance.
- You can appoint a trusted individual to make medical decisions on your behalf if you become incapacitated.
- You can ensure that your healthcare wishes are respected.
- You can avoid family disputes and court intervention.
5 Types of Advance Directives in New York
In New York State, there are five types of advance directives that individuals can use to express their health care wishes.
1. Health Care Proxy
A Health Care Proxy allows individuals to appoint a healthcare agent, someone they trust to make health care decisions for them if they are unable to make decisions for themselves. This document can be especially helpful if an individual is incapacitated or unable to communicate their wishes.
2. Living Will
A Living Will, on the other hand, allows individuals to leave written instructions that explain their health care wishes, particularly with regard to end-of-life care. It is important to note that a Living Will cannot be used to name a health care agent; for that, a Health Care Proxy must be used.
3. Living Will + Health Care Proxy
By using a Living Will together with a Health Care Proxy, individuals can both state their health care wishes and name a health care agent to ensure those wishes are carried out.
4. Do Not Resuscitate Order
A Do Not Resuscitate Order (DNR) allows individuals to express their wish to forgo cardiopulmonary resuscitation (CPR), which is an emergency treatment that restarts the heart and lungs if a person’s heartbeat or breathing stops. This document can be particularly useful for individuals with serious medical conditions or those who are nearing the end of their lives.
5. Medical Orders for Life-Sustaining Treatment
Finally, Medical Orders for Life-Sustaining Treatment (MOLST) is another way of documenting an individual’s treatment preferences with regard to life-sustaining treatment. MOLST is a medical order form that is completed by a healthcare professional in consultation with the patient or their healthcare agent, and it provides guidance for healthcare providers in emergency situations.
Each individual should carefully consider their options and consult with an attorney or healthcare professional to ensure that their advance directive accurately reflects their wishes and is legally valid.
What is a Notary Public?
A notary public is a public official who is authorized by the state government to witness the signing of legal documents and administer oaths. They are responsible for verifying the identity of the signers and ensuring that the documents are properly executed.
How Can a Notary Public Help with Advanced Healthcare Directives?
A notary public can help you properly execute your advanced healthcare directive and ensure that it is legally binding. They can:
- Verify your identity and the identity of witnesses.
- Ensure that you understand the contents of the document.
- Witness the signing of the document.
- Affix their official seal to the document.
Why is it Important to Use a Notary Public for Your Advanced Healthcare Directive?
Using a notary public for your advanced healthcare directive is important because it ensures that the document is legally binding and will be recognized by healthcare providers and courts. A notary public can also help prevent fraud and ensure that the document reflects your true intentions.
How to Get Your Advanced Healthcare Directive Notarized?
To get your advanced healthcare directive notarized, you should follow these steps:
- Create your advanced healthcare directive document.
- Find a notary public who is authorized to notarize legal documents in your state.
- Bring a valid form of identification and any witnesses required by your state to the notary public.
- Review the document with the notary public and ensure that you understand its contents.
- Sign the document in front of the notary public and any required witnesses.
- Have the notary public affix their official seal to the document.
What Should You Consider When Choosing a Notary Public?
When choosing a notary public to notarize your advanced healthcare directive, you should consider the following:
- The notary public must be authorized to notarize legal documents in your state.
- The notary public must be impartial and not have a financial interest in the document.
- The notary public must be available at a convenient time and location for you.
- The notary public must be experienced and knowledgeable about advanced healthcare directives.
Conclusion
An advanced healthcare directive is an essential legal document that allows you to communicate your healthcare preferences and appoint a trusted individual to make medical decisions on your behalf if you become incapacitated.
Notarizing your advanced healthcare directive is crucial to ensure that it is legally binding and will be recognized by healthcare providers and courts.
By following the steps outlined in this article, you can properly execute your advanced healthcare directive with the help of a notary public.
FAQs
- Can I change my advanced healthcare directive after it has been notarized?
Yes, you can change your advanced healthcare directive at any time by creating a new document or amending your existing one. It is important to note that any changes must be properly executed and notarized to ensure their legal validity.
- Is a notarized advanced healthcare directive valid in all states?
Not necessarily. Each state has its own laws regarding advanced healthcare directives and notarization requirements. It is important to consult with an attorney or a notary public in your state to ensure that your advanced healthcare directive is properly executed and valid.
- Do I need a lawyer to create an advanced healthcare directive?
No, you do not need an attorney to create an advanced healthcare directive. However, it is recommended that you consult with an attorney or a healthcare professional to ensure that your document accurately reflects your wishes and is legally valid.
- How often should I review and update my advanced healthcare directive?
It is recommended that you review and update your advanced healthcare directive every few years or if there are any significant changes in your health status or personal circumstances.
- Can I appoint multiple healthcare agents in my advanced healthcare directive?
While you can only appoint 1 agent in New York, you can designate an alternative agent as a backup.
