Disputed probate action and detrimental actions of New York health care proxy.

New York – January 7, 2021

New York estate plans.

Estate plans are important, not only for those activities a person wishes to be initiated after their death, but also because documents may secure their care choices during periods of temporary illness, or lifelong health struggles that sometimes leave individuals void of the ability to speak for themselves, with regard to life sustaining decisions, as well as financial and business decisions. New York estate planning and probate attorneys are knowledgeable about estate documents and how they will affect end-of-life care and probate actions. Closing out New York estates can be time-consuming depending upon the nature of the assets left to distribute and events where named beneficiaries, or others will contest estate documents, including a will. Experienced probate lawyers can be instrumental in the smooth processing of documents that allow for transition of responsibility during end-of-life care and probate actions.

Health care proxy.

New York Laws allow for Health Care Proxy whereby individuals are allowed to choose someone they trust to make health care decisions on their behalf. It differs from a living will, or advance care directive because a Health Care Proxy does not require advance decisions that may arise, but allows for an interpretation interpret of a person’s wishes as their medical circumstances change. Individuals should consult with New York Estate Planning attorneys to protect themselves and shield their loved ones from the weight of impossibly difficult decisions, especially during periods of health crises. Individuals may specify the amount of authority they wish to give their chosen proxy within the document itself, where they can make all health care decisions, or only the specific ones outlined in the Health Care Proxy form.

Will administration.

Will administration does not occur unless there is a death to a person, at which point a probate attorney will do their best to effectively and expediently administer a will to shield an executor from frustrations surrounding timely payment of bills and costs related to the individual who died. Examples of bills that should be addressed in an expedient manner include paying off creditors, burial costs, and property upkeep, along with professional fees for appraisal services regarding the value of estate assets.

Legal counsel and probate dispute.

There may also be times when a beneficiary, or other family member will dispute probate action based upon a question as to whether, or not life sustaining treatment was refused by a health care proxy who might have had occasion to benefit from the death of an individual. Contact Attorney Ron Meyers with questions regarding estate planning documents and probate action in New York Surrogate Court.

Ron L. Meyers & Associates, PLLC

Address: 475 Park Avenue South, Suite 2100

Manhattan, NY 10016

Phone: 212-644-8787

Sources:

https://health.ny.gov/publications/1430.pdf

https://www.nysenate.gov/legislation/laws/EPT