Nobody plans on being unable to communicate. But illness, accident, and surgery happen — and in those moments, hospitals need legal authority to know whose instructions to follow. Without a healthcare directive, that authority goes to whoever is first in your state's statutory hierarchy, regardless of whether that person knows your values, shares your views, or is the one you'd actually trust with this decision.
We've seen what happens when families disagree in a hospital waiting room. It is one of the most painful situations an estate planning attorney witnesses — and one of the most preventable. A healthcare directive takes one conversation and a few weeks to execute. The cost of not having one can last a lifetime.
This is also the least expensive document in any estate plan. There's no good reason to delay it.
The Plan
Three Steps to Protecting Your Medical Wishes
1
Free Consultation — Your Values, Not Just Your Preferences
We don't just ask you to check boxes about life support. We discuss what quality of life means to you, what tradeoffs you find acceptable, and who in your life truly understands your values. That conversation shapes documents that actually reflect who you are.
2
We Draft Your Documents — Healthcare Proxy and Living Will, Coordinated
We draft both your agent designation (healthcare proxy or medical POA) and your treatment instructions (living will or advance directive) in the form required by your state — so the documents work together and hold up in any healthcare setting.
3
You Execute — Then Share With Your Proxy and Doctors
We coordinate the proper execution of your documents. We recommend you have a direct conversation with your named proxy — and keep a copy on file with your primary care physician and any hospital where you regularly receive care.
Select Your State
Where We Draft Healthcare Directives
Terminology and required document forms differ by state. Select your jurisdiction for state-specific details.
Two Documents, Two Purposes
What These Documents Cover
Healthcare Proxy / Medical POA
Who decides — your agent
Names a person to make medical decisions when you can't. Your agent speaks with doctors, consents to or refuses treatment, and navigates the medical system on your behalf. Choose someone who knows your values — not just your preferences about specific scenarios, but your broader views on quality of life.
Living Will / Advance Directive
What you want — your instructions
Documents your specific preferences: life-sustaining treatment in a terminal condition, CPR, artificial nutrition and hydration, organ donation. These instructions guide your agent and give physicians clear direction when it's needed most.
POLST / MOLST — For Patients With Serious Illness
A Physician Orders for Life-Sustaining Treatment (POLST) or MOLST is a physician's medical order — not a legal document — for patients with serious illness. It travels with the patient across care settings. We coordinate your advance directive to be consistent with any POLST your physician prepares.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil drafts healthcare directives as part of every complete estate plan. He discusses your values and wishes before drafting — and recommends that clients have a direct conversation with their named proxy, not just execute documents.
View Full Profile → Common Questions About Healthcare Directives
What is an advance directive?
An advance directive is a legal document expressing your wishes about medical treatment if you become unable to communicate. It typically has two parts: a living will (your specific treatment wishes) and a healthcare proxy or medical POA (naming someone to make decisions). Terminology varies by state.
What's the difference between a living will and a healthcare proxy?
A living will states your specific medical wishes — whether you want life-sustaining treatment, resuscitation, or artificial nutrition in a terminal or persistent vegetative condition. A healthcare proxy names a person to make medical decisions for you. Both are important: the proxy handles situations the living will didn't anticipate.
What if I become incapacitated without a healthcare directive?
Medical decisions default to your closest family member under each state's hierarchy — which may not be the person you'd choose. If family members disagree, a court may need to appoint a guardian. This is an avoidable situation that causes enormous stress at an already difficult time.
Does my New York healthcare proxy work in Maryland or DC?
Usually yes — most states recognize out-of-state directives if validly executed. However, for clients who spend significant time in multiple states, we recommend executing directives in each jurisdiction. The documents are inexpensive; the risk of refusal by an out-of-state provider is not worth it.
What should I tell my healthcare proxy?
Your proxy needs to know your values, not just your specific preferences. What quality of life matters to you? What tradeoffs are acceptable? We guide our clients through these conversations and recommend putting a personal letter of intent alongside the legal document.
Ready to document your healthcare wishes? Schedule a free consultation or select your state above for jurisdiction-specific information.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
