Living Will Attorney in Nassau County

Advance Directive Planning Rooted in Estate Law & Elder Law Experience

A living will is a written legal document that records your preferences for medical treatment if you become unable to communicate, particularly decisions about life-sustaining procedures at end of life. An advance directive is the broader category covering all documents used to plan for future medical decision-making, including living wills, health care proxies, and do not resuscitate orders. These are separate from a last will and testament, which governs what happens to your assets after you die.

At Kirshblum Taber PC, we prepare living wills and advance directives for individuals and families throughout Nassau County and the surrounding Queens County area. Attorney Orly Taber focuses her practice on estate planning and elder law, including these documents. When you call, you reach an attorney directly. On-site interpreters are available for Spanish, Hebrew, and Russian-speaking clients.

If you’re ready to put your medical preferences in writing, call our Nassau County living will attorneys at (516) 908-8842. We can schedule a consultation and walk you through the documents your situation may call for.

What New York Does Without Your Advance Directive

New York’s Family Health Care Decisions Act (FHCDA), enacted in 2010, designates a surrogate to make medical decisions for a person who lacks capacity and has no advance directive. That surrogate follows a statutory priority list: a court-appointed guardian first, then a spouse or domestic partner, then an adult child, parent, adult sibling, or close friend. The person the law selects may not be who you would have chosen.

If no appropriate surrogate is available, a guardianship proceeding may be initiated in Nassau County Supreme Court. That process can be time-consuming and costly, and the outcome may not reflect what you would have wanted. Verbal statements to family, such as “no heroics” or “don’t keep me on machines,” generally don’t meet New York’s standard for withdrawing life-sustaining treatment. A clearly drafted living will can help reduce ambiguity for physicians and reduce the burden of those decisions on family members at an already difficult time.

Why Nassau County Clients Work with Kirshblum Taber PC

We don’t use generic templates. Every advance directive we prepare is tailored to your individual goals, medical circumstances, and family situation. Direct attorney access from your first call means you’re not passed off to intake staff while making these decisions.

Judicial Background in Incapacity & Guardianship

Attorney David A. Kirshblum served as a Queens County Family Court Judge for more than 24 years. That background gives our firm a practical understanding of how courts handle incapacity and guardianship proceedings when no planning documents are in place. It also shows how that process can affect families who weren’t prepared.

Attorney Orly Taber’s Credentials & Focus

Attorney Orly Taber graduated from Hofstra University School of Law on a full scholarship in 2014. During law school, she worked as a paralegal at a trusts, estates, and guardianship practice, and before opening her own firm in 2016, she clerked for an elder law and trusts and estates office. She has since focused on estate planning, elder law, trusts, and guardianship. She regularly lectures to seniors and diverse community groups on asset protection and long-term care planning, received a commendation from Assemblywoman Judy Griffin for her service to the West Hempstead community, and is recognized by Super Lawyers as a Rising Star.

Speak with a Nassau County Living Will Lawyer Today

Putting your medical preferences in a legally effective document is one of the most protective steps you can take for yourself and your family. We serve Nassau County clients and welcome Spanish, Hebrew, and Russian speakers. Call (516) 908-8842 to reach an attorney at Kirshblum Taber PC directly and schedule your consultation.

New York Advance Directive Documents: What Each One Does

New York recognizes three types of advance directives, and most clients may benefit from more than one. Understanding how they work together helps you decide which documents fit your situation.

Living Will

A living will contains your written instructions about specific medical treatments: mechanical respiration, CPR, artificial nutrition and hydration, dialysis, antibiotics, and palliative or comfort care. It becomes effective when a physician determines you can no longer make your own decisions and you have an incurable condition. New York has no statute specifically governing living wills, but the Court of Appeals established in Matter of O’Connor (1988) that clear and convincing evidence of a patient’s wishes is the standard required to honor those wishes regarding life-sustaining treatment.

Health Care Proxy

A health care proxy, governed by New York Public Health Law Article 29-C, lets you appoint a trusted adult as your health care agent to make medical decisions on your behalf when your attending physician determines you lack capacity. A living will and a health care proxy serve different purposes and work well together: the living will provides your specific instructions, while the health care proxy appoints someone to handle situations your written document didn’t anticipate. Two witnesses are required for each document, and neither the appointed agent nor an alternate may serve as a witness. Notarizing your living will is also recommended for recognition in other states.

DNR Order & MOLST Form

A do not resuscitate order is a physician-signed instruction not to attempt CPR. A MOLST form (Medical Orders for Life-Sustaining Treatment), approved by the New York State Department of Health, records a broader set of treatment preferences as medical orders that travel with you across care settings. Neither replaces a living will or health care proxy, but each may be appropriate depending on your circumstances. Any advance directive can be revoked at any time by the person who signed it.

What Your Living Will Can Cover

A living will can address a wide range of medical decisions. Common provisions cover whether you want CPR, mechanical ventilation, artificial nutrition and hydration, kidney dialysis, antibiotic or antiviral treatment, and palliative care focused on comfort rather than curative treatment. You can also document organ donation preferences and pain management wishes, including whether medication that may hasten death is acceptable when the goal is relieving suffering.

Instructions don’t have to be one-size-fits-all. You can state different preferences depending on your prognosis, distinguishing, for example, between a situation where recovery is possible and one where it isn’t. That level of specificity can make a document more legally effective and useful to physicians and family members when it matters most.

Advance directives aren’t only for older adults. Any competent adult 18 or older in New York can execute these documents, and unexpected illness or injury can happen at any age. Once signed, copies should go to your health care agent, any alternate agent, close family members, and your physicians. New York law requires any health care provider given a health care proxy to place it in the patient’s medical record. We recommend reviewing your documents periodically to confirm they still reflect your current wishes.

Attorney Orly Taber works with each client to think through specific scenarios and translate those preferences into language that meets New York’s legal standards. If you’re looking for a living will lawyer in Nassau County who will build your documents around your situation, not a fill-in-the-blank form, call Kirshblum Taber PC at (516) 908-8842.

  • “David and Orly are the definition of a DREAM TEAM!!”
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Dedicated and Experienced Legal Professionals

Our lawyers serving Nassau County bring a unique background of experience. Attorney David A. Kirshblum, Esq. is a retired judge who has spent over 24 years on the family court bench, including presiding over cases involving  Sean “Puffy” Combs, Al Pacino, and Mick Jagger. 

He has also written decisions that have been affirmed by the NYS Appellate Division. Having been on the judicial side of the law, Attorney Kirshblum has a unique perspective that can prove advantageous to strategizing against the other side. 

Further, while Attorney Kirshblum handles the family law side, Attorney Orly Taber, Esq. has significant experience with estate planning and helps clients, particularly the elderly, with estate matters and ex-spouse property disputes.  

She is an energetic and client-focused lawyer who helps build estate plans that safeguard your personal and material interests. 

Both Nassau County lawyers at Kirshblum Taber PC are experienced and professional advocates who treat their clients with respect.

Schedule an initial consultation with our attorneys by calling (516) 908-8842 today to get started on your case.

Contact Us For a Consultation

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