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y John L. Belford By executing a Health Care Proxy you appoint an agent to make health care decisions for you if you become unable to make those decisions for yourself. As a general rule a physician should not perform an invasive procedure upon his or her patient without the patient’s informed consent. If you have not executed a Health Care Proxy and if you become unable to make health care decisions for yourself, your physician will be faced with a difficult decision. He or she knows the procedure or procedures that should be performed, but he or she does not have your consent. Often the physician can consult with family members and present the question to a hospital committee for advice, but neither are legally effective and the advice – 78 – L E G A L - E A S E The Importance of a Health Care Proxy from the committee cannot be obtained quickly. Accordingly, if a physician proceeds without the patient’s consent without the benefit of a Health Care Proxy he or she risks a lawsuit for treating a patient without the patient’s consent. You avoid this problem if you execute a Health Care Proxy. If you cannot make health care decisions for yourself, the person you appoint as your health care agent on the Health Care Proxy can make health care decisions for you and the physician can proceed with the appropriate procedures as if you had consented to said procedures yourself. The form is available on-line and at stationery stores, hospitals and attorneys’ offices. The Health Care Proxy form is simple to complete and needs two (2) witnesses. The Health Care Proxy does not need to be signed before a notary public. It would be prudent to execute the Health Care Proxy with the assistance of persons familiar with the form such as an attorney, a notary public, a physician or other health care provider. Editor’s Note: John L. Belford, Jr., Esq., has been practicing law for 39 years, with 32 of them here in St. James at 217 Lake Avenue at the corner of Woodlawn and Lake Avenues. A graduate of Columbia Law School, John specializes in real estate, wills & estate planning and elder law. For additional information, call him at 862-8600. OUR TOWN • DECEMBER 2008 St. James Healthcare Center Our staff ’s unequaled professionalism and superb loving care are the very heart of our commitment to service. Long Term Care • Sub-Acute Care • Short Term Rehab Nursing Services • 24-hour Nursing Care • Post-surgical Management • Management of Medical Conditions and Treatments • Respiratory and Tracheotomy Care Therapy Services • Nursing Rehab (7 days) • Physical Therapy (6 days) including Neurological & Orthopedic Rehabilitation • Occupational Therapy (6 days) • Speech Therapy Therapy Services • Psychological Services • Art Therapy • Enteral Nutrition Support • Sensory Stimulation Program • Therapeutic Recreation Medical Services • Dentistry • Podiatry • Audiology • Optometry • Laboratory Services Call our Admissions Office Tel: (631) 862-8000 Ext 105 or 106 275 Moriches Road, St. James, NY 11780 • Fax: (631) 862-6456
– 79 – JOHN L. BELFORD, JR. ATTORNEY AT LAW 217 LAKE AVENUE, ST. JAMES, N.Y. 11780 (Corner of 7Woodlawn and Lake) (631) 862-8600 email: johnbelford@optonline.net AREAS OF PRACTICE REAL ESTATE WILLS &ESTATES, TAX PLANNING, PROBATE AND ESTATE ADMINISTRATION, HEALTH CARE PROXIES & POWERS OF ATTORNEY GUARDIANSHIP LAW MEDICAID PLANNING John L. Belford, Jr. EDUCATION • Chaminade High School • Holy Cross College • Columbia Law School EXPERIENCE • Lieutenant (JG) U.S. Navy (1963-1965) • Suffolk County Bar Association since 1974 Present or Past Member of Elder Law, Taxation (Chairman, 1976), Ethics, Matrimonial and Banking & Insurance Committees • Qualified as Guardian Ad Litem • St. James Chamber of Commerce (Past President, 1977) OUR TOWN • DECEMBER 2008
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Page 37 and 38: - 37 - At Dutch Girl Cleaners we kn
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Page 85 and 86: The Smithtown Central School Distri
Page 87 and 88: Falzone & Sons, Inc. Licensed Plumb
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