What legal planning documents do I need?

A Power of Attorney is a legal document that lets someone make decisions and take actions on your behalf. It allows you (the principal) to assign another person (your agent) to handle your affairs if you are unable. On the Power of Attorney form, you list what you want your agent to handle. For example, you could give your agent permission to do your banking or sell a property.

You can assign anyone to be your agent, but they need to be at least 18 years old. You can also assign a back-up agent (successor agents) in case your primary agent can't do it. You can assign more than one agent. But, you have to say on the form if they work together or separately. Power of Attorney does not give up your ability to act for yourself. You can terminate (end) your agents if you don’t think they are helpful.

Your agent will have a lot of power over your personal and financial affairs. Choose a person who is trustworthy and honest.

You can create your own Power of Attorney. If you need more help, use the Find a Lawyer search for free legal services near you. Learn more about Power of Attorney.

Health care planning is for future medical care. Make a plan now, in case you get too sick to make your own decisions. Think about health care situations and talk to your family and friends. A Health Care Proxy and a Living Will guide people to make the right decisions for you. You can have just a Health Care Proxy, just a Living Will, or both.

In a Health Care Proxy, you assign someone, your agent, to make medical decisions. They do this when you are too sick to make your own. Your doctor decides when to ask your agent for help. Then your doctor decides you are well enough to make the decisions. 

Pick someone you trust to be your agent. They have to make key decisions about your medical care. They decide how much treatment to save your life. You can assign another person to be your agent, if the first person can't. You may change or remove your Health Care Proxy any time. 

In the Health Care Proxy form, explain what medical treatment you do or do not want. The agent cannot make decisions for you about food and water by a feeding tube or IV, unless you include it in the form. Sign and date the Health Care Proxy in front of two adult witnesses who are not your agent. This form goes in your medical file so the doctors know who your agent is. 

Learn more about health care proxies.

In a Living Will, you plan what medical care and treatment you do or do not want at the end of your life. A Living Will guides your doctor when you cannot make your own decisions AND:

• you have an incurable and terminal condition, or 
• you are permanently unconsciousness or 
• you are conscious but with irreversible brain damage.

You can create both a Health Care Proxy form and a Living Will. If you have both documents, the Living Will can help guide your health care agent.

Both documents are about the medical care you would like if you cannot speak for yourself. With a Health Care Proxy, your agent tells the doctor what you would want. In a Living Will, you decide ahead of time. A Living Will is about life-prolonging procedures and end-of-life care. The Living Will cannot name a health care agent. If you want to name an agent, you also need a Health Care Proxy form. 

If your Living Will does not say what you want, then your agent (in the Health Care Proxy) decides. Your agent should know your wishes, values and beliefs.

If you are ready to create a Health Care Proxy, learn more about the form and instructions.

If you are ready to create a Living Will, learn more about the form and instructions.

After signing your Health Care Proxy or Living Will: 

• Make several copies.
• Keep the originals in a safe but accessible place (not a safe deposit box).
• Give copies to your health care agent, your lawyer or other advisors, close family members, doctors, and anyone else you choose.
• Under New York law, a doctor must put your Health Care Proxy form in your medical record.
• Consider a wallet card with information on where to find your Health Care Proxy or Living Will.

You can make a plan for your children in case something happens to you and: 

• they are less than who are less than 18 years old and
• you can't take care of them.

Depending on your situation, you may choose "Standby Guardianship" or "Designation of Parental Rights." These legal documents assign a person to temporarily make decisions and care for your children. 

A "Designation of Parental Rights" works for many situations. "Standby Guardianship" can only be used by people in certain situations.

A Standby Guardian is someone who can legally take care of your children while you are alive. You might want to set up a Standby Guardianship if you are worried about: 

• Arrest, prison, or deportation.
• A mental impairment (disability, injury, illness) ; or
• Disability
• Death

A Standby Guardian must be a U.S. Lawful Permanent Resident (green card holder) or U.S. Citizen. You can name back-up people if your first choice can't do it. Fill out the Designation of Standby Guardian form. Get two witnesses, who are at least 18 years old, to sign the form. A witness cannot be your Standby Guardian.

A Standby Guardianship is for 60 days. To extend it, the Standby Guardian must go to court before the 60 days expires. They can ask the court to make them the child’s permanent guardian. The Court decides what is in the best interest of the child. 

If you need help, use the Find a Lawyer search to find free legal services.

You can use this form to choose another person to make decisions for your children. This arrangement can last for up to six months, and it can be renewed. The person you choose can talk with your children’s school, teachers, and doctors. They can also make routine decisions. But, they cannot consent to surgery or other major medical procedures. If you do not want them to make certain decisions, you can include that in this form. If they decide something you disagree with, you can override it. The person you choose must agree to the duties you assign in the form. But, they do not have to pay for your children.

If you have a Court order to share decisions with another parent, then both parents must sign the form. When you sign this form, you still keep your parental rights. You can cancel the designation any time. If you die or are too sick (mentally or physically) to function, this designation ends.

Learn more about the Designation of Person in Parental Relationship form and instructions.

Learn more about the Designation of Standby Guardian form and instructions.

If you want specific funeral and burial arrangements, you can create a form. It is the "Appointment of Agent to Control Disposition of Remains" form. Use this form to choose someone to handle your funeral, burial or cremation. Explain your wishes for your funeral and burial on the form.

Learn more about the Disposition of Remains form and instructions.