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Download - Our Town | St. James, NY

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continued from page 74<br />

Three additional documents<br />

are also essential to the planning<br />

process. They are the Living Will,<br />

Health Care Proxy, and Durable<br />

Power of Attorney.<br />

The Living Will enables you to<br />

provide instructions as to the use<br />

of life-sustaining treatment in the<br />

event you are terminally ill or suffering<br />

from an illness or injury<br />

with no chance of recovery.<br />

A Health Care Proxy enables<br />

the person of your choice to<br />

make any and all health care<br />

decisions for you in the event you<br />

are incapable of making them<br />

yourself. The proxy can provide<br />

for specific instructions as to any<br />

and all medical treatment.<br />

These documents can save<br />

your family unnecessary grief and<br />

anguish in the event you become<br />

permanently unconscious with<br />

– 76 –<br />

L E G A L - E A S E<br />

Estate Planning Means Planning Ahead<br />

no expectation of recovery. In<br />

essence, these documents can aid<br />

your family in convincing a doctor<br />

or hospital to end life support.<br />

The alternative is to apply to the<br />

Court to direct the doctor or hospital<br />

to withhold treatment. This<br />

is obviously a costly, time consuming<br />

and painful alternative.<br />

A Durable Power of Attorney<br />

permits the person of your choice<br />

to act on your behalf regarding<br />

financial decision making. This<br />

will avoid the need for Court<br />

intervention in order to access<br />

your bank accounts and/or pay<br />

bills in the event you are unable<br />

to do so.<br />

It may also be a crucial tool to<br />

enable a person in need of nursing<br />

home care to qualify for<br />

Medicaid – thus saving thousands<br />

of dollars in health care costs.<br />

These planning tools should be<br />

discussed with a competent attorney<br />

since each document has<br />

specific requirements and execution<br />

formalities. Both you and<br />

your loved ones can be protected<br />

with proper planning.<br />

In future articles we will discuss<br />

different areas of interest<br />

including the process of buying<br />

and selling a home in today’s<br />

tumultuous market, matrimonial<br />

law and personal injury. We welcome<br />

your questions and comments<br />

to<br />

lhaber@haberandhaber.com.<br />

Editor’s Note:<br />

Lisa and <strong>St</strong>ephen Haber have both been<br />

practicing law for over 20 years. They<br />

can be reached at Haber & Haber, LLP, a<br />

law firm they share, with offices now in<br />

Saint <strong>James</strong> and Garden City. For additional<br />

information call (516) 742-7277 or<br />

(631) 379-6652 Lisa cell). The Habers<br />

reside in Saint <strong>James</strong> with their three<br />

daughters.<br />

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