Advance Directives Lawyers

Planning for the future involves more than managing your assets—it includes making thoughtful decisions about your health care and personal autonomy. Advance directives give you the power to clearly communicate your medical and end-of-life care preferences in advance, ensuring your wishes are respected even if you’re unable to speak for yourself. At Falcon Rappaport & Berkman, our experienced attorneys are here to guide you through these critical decisions with compassion and clarity.

What Are Advance Directives?

Advance directives are legal documents that allow you to express your wishes and preferences for your health care, end-of-life care, and other decisions regarding the management of your future needs, which remain effective in the event that you become unable to communicate or make decisions for yourself. By executing an advance directive now, you can take important steps to exercise control and autonomy over future decisions that others may need to make for you if you later become incapacitated. 

How Our Advance Directives Lawyers Can Help You

Our advance directives lawyers can counsel you on the different options available to you and help you create, revoke, or change advance directives. We can also represent you as an agent, surrogate (proxy), or a health care provider in a legal matter involving advance directives. 

Power of Attorney

A Power of Attorney is a legal document that allows you to appoint a person to act on your behalf in financial and legal matters and determine the scope of their legal authority to act on your behalf. While some Powers of Attorney are prepared and signed for specific purposes, as a matter of convenience, most Powers of Attorney prepared with the assistance of an elder law attorney will typically remain effective in the event that you become unable to make your own decisions regarding your assets, income, or other property. Our elder law attorneys can assist you in creating, modifying, or revoking a Power of Attorney, and selecting or limiting appropriate authority to confer to your chosen agent. We can also represent you in a matter in which you are designated as someone else’s agent under a Power of Attorney and advocate for your rights under such appointment.

Health Care Proxy

A Health Care Proxy is a legal instrument that designates another person to make medical decisions on your behalf in the event that you are unable to make these decisions yourself. Because the health care agent, under a Health Care Proxy, can make all manner of health care decisions, including consenting to surgical procedures, examinations or administration of medications, and decisions regarding end-of-life care, such as the withdrawal or continuation of life-sustaining care (life support), prioritization of comfort care measures or hospice care, and the administration or withholding of artificial hydration or nutrition. Our attorneys can counsel you on your options concerning the creation, revocation, or modification of a Health Care Proxy, make recommendations regarding who you may decide to designate as your agent, and explain the legal consequences of these decisions. We may also represent you if you are the designated health care agent or surrogate pursuant to a Health Care Proxy signed by another person to advocate for the decisions you make on behalf of the patient.

Other Advance Directives (such as “DNR/DNI” or “MOLST” forms)

Our attorneys can assist you in understanding, reviewing and collaborating with medical professionals, where appropriate, with other advance directives, such as a “Do Not Resuscitate/Do Not Intubate” (“DNR/DNI”) form, or a “Medical Orders on Life-Sustaining Treatment” form (or “MOLST”). Often, when a person is entering a hospital or health care facility, he or she may be asked to complete or sign a DNR/DNI or MOLST form that will dictate to what extent his or her doctors may attempt “heroic” measures in administering life-sustaining or life-saving medical treatment. Some of these documents may require the signature of a treating physician, as well. 

It is important to fully understand these documents and the impact of signing or not signing these directives, as it may result in extensive or invasive treatment being performed on a person who may suffer from significant health issues and may not wish to endure these types of treatments. 

Our elder law attorneys can review and explain these documents to you and counsel you on your options so that you can make informed decisions about your own medical treatment. We can also assist you in interpreting and navigating these documents if asked to sign these types of documents in your capacity as a health care agent or surrogate for another person. Our attorneys can also advocate for your expressed wishes to be followed by your medical treatment providers in the event you cannot make your wishes known.

Why Advance Directives Should Be Included in Your Estate Plan

Advance directives are an essential part of any comprehensive estate plan because they protect your right to self-determination and ease the burden on your loved ones during times of crisis. Without these documents in place, family members may be left to make difficult medical decisions without knowing your true wishes, which can lead to confusion, conflict, or even legal disputes.

By including advance directives—such as a Health Care Proxy, Power of Attorney, and other medical orders—in your estate plan, you provide a clear roadmap for your care and the future management of your finances and designate trusted individuals to act on your behalf. This ensures that your values, preferences, and autonomy are honored, while also helping your family navigate medical and financial matters with confidence and peace of mind. 

Prepare Your Advance Directives With Help From an Experienced Lawyer 

The future you deserve requires thoughtful planning and experienced guidance. At Falcon Rappaport & Berkman, our elder law and estate planning attorneys are ready to help you prepare advance directives that reflect your values and wishes. Whether you are planning for yourself or assisting a loved one, we’ll provide the insight and legal support you need to make informed, empowered choices.

Contact us today to learn how we can help you protect your health, your dignity, and your legacy.