Understanding Advanced Directive Language By David Okrent
T
he law is filled with vocabulary that makes decisionmaking by lay people complex. The purpose of this article is to help lawyers (and their clients) more clearly understand the purpose of what New York State calls “advance directives” relating to health care. Additionally, the goal is to help people understand why you should decide today how you would want things handled in the event you are unable to speak for yourself in the future. The money spent with an attorney can help you and your family avoid future problems. During the COVID-19 pandemic, the legal field has experienced first-hand what happens when people feel they are too young to “think about the future.” You are never too young—and this
includes students who are heading Sustaining and the Living Will (known as a “MOLST”). This article to college. As for attorneys who practice in will focus on the Health Care Proxy other fields—this article is for you and Living Will. The first question is: if you canas well! Health care advanced directives not speak for yourself is there are a series of legal documents by someone you trust to make medwhich you may make provisions for ical decisions for you? This is a sefuture health care decisions. A rious question and for most people COVID related stroke is one exam(Continued on page 28) ple of a health care event that may prevent you from communicating clearly about your desires. For young people, too much alcohol can render them incapable of making their decisions and at 18 their parents can no longer make decisions for them. In New York, there are three Principal owner of The Law Offices of types of advanced directives: David R. Okrent. Health Care Proxy and Living Will and may also include a Do Not Re- Former IRS Agent, CPA Attorney, suscitate Order (known as a Co-Chair of the Suffolk County Bar Association. OkrentLaw.com “DNR”) or a “Medical Order Life
David R. Okrent,Esq.,CPA
16 the legalBrief • The Official Publication of the Suffolk County Bar Association • www.scba.org
