What Authority Does a Healthcare Directive Grant?

When someone cannot speak for themselves, a healthcare directive gives another person the power to make medical decisions for them. It opens the door to important conversations and offers peace of mind for you and your family.

We are healthcare directive attorneys in Tonawanda, New York, and we have seen firsthand how a well-structured advance directive can ease stress and reduce confusion. Our lawyers are down-to-earth, laid-back, and easy to talk to. We want to help you feel comfortable and supported as you take this important step.

What Is a Healthcare Directive?

A healthcare directive, also known as a living will or advance directive, is a legal document that lets you do three things:

• Choose who will make medical decisions for you if you cannot speak for yourself

• State what kinds of treatments and procedures you want or do not want

• Decide when your chosen person can act on your behalf

The document generally includes two main parts:

• Health care proxy: This is where you name someone to make decisions for you when you are unable to do so.

• Living will: This outlines your preferences for treatments like life support or feeding tubes in specific medical situations.

Why Would You Need One?

Accidents and health emergencies can happen at any age. Whether it is a stroke, a car accident, or an unexpected illness, you may not always be able to speak for yourself. When that happens, a healthcare directive helps make sure your voice is still heard.

Having one also takes pressure off your loved ones. They will not have to guess what you would want, and they will not argue with others over what to do. Even if you feel healthy now, this is a smart and thoughtful way to plan ahead. Turn to your estate planning attorney for personalized guidance.

What Authority Does a Healthcare Directive Grant?

Let’s take a look at the actual authority a healthcare directive gives to your chosen person.

Make Medical Decisions When You Cannot

Your proxy can decide whether to approve treatments, authorize surgeries, transfer you to a different facility, or stop certain procedures. They work closely with doctors to honor your preferences while considering your current condition.

Access Your Medical Information

Privacy laws like HIPAA can block others from viewing your medical records or talking to doctors. Your directive allows your proxy to bypass those restrictions and stay fully informed.

Interpret Your Wishes in Real Time

Your written instructions might say you do not want life-extending treatments if there is no hope of recovery. Your proxy can interpret that in the moment and tell doctors when it is time to focus on comfort rather than intervention.

Advocate for Your Values and Beliefs

Your proxy speaks up for what matters to you. Whether based on personal values or religious beliefs, they make sure that those ideas guide your care. Their job is not to push their views but to support yours.

Decline Treatments You Do Not Want

Your directive gives your proxy the power to refuse unwanted interventions such as feeding tubes, ventilators, or prolonged life support. Doctors are expected to respect these choices when clearly stated.

What an Advance Directive Does Not Do

Even though the directive carries weight, there are limits.

• It does not override your instructions:  Your proxy cannot make choices that go against your written wishes.

• It does not give control over everything:  This is only for medical decisions. It does not allow your proxy to handle your finances or sign real estate documents.

• It does not allow them to demand non-beneficial treatments:  Doctors can refuse to provide care they believe is medically unnecessary or harmful, even if the proxy asks for it.

When you need guidance on these documents, turn to dependable healthcare directive attorneys.

How to Choose the Right Proxy

You want to choose someone who:

• Knows you well and understands your values

• Is calm under pressure and can make decisions during emotional moments

• Can communicate clearly with healthcare providers

• Is willing to follow your wishes, even if they have personal doubts

We often recommend talking with your proxy ahead of time about your preferences. At Rossi & DeMarco, PLLC, our team of healthcare directive attorneys helps our clients have these important conversations and include specific instructions that support their choices.

What Happens When the Directive Is Used?

When a healthcare directive is needed, it usually means you're in a medical situation where you're unable to make decisions for yourself. This could be due to unconsciousness, serious illness, or any condition that prevents clear communication. At that point, your healthcare providers will check your medical records and locate your directive. Once it's found, your chosen proxy is contacted. 

This person steps in and takes on the responsibility of making medical decisions on your behalf. They review the instructions you provided in your directive and begin working with your medical team to make sure your wishes are followed. The goal is to make decisions that reflect your values and beliefs, and not just what seems easiest at the time. 

If any confusion or disagreement arises between family members or within the medical team, having a clear directive helps keep things on track. And if needed, healthcare directive attorneys are available to help explain or reinforce what you intended, providing peace of mind to your proxy and support to your loved ones.

Why This Matters So Much

There are several reasons why setting up your healthcare directive now is critical. 

• It prevents confusion during emergencies

• It reduces stress for your loved ones

• It makes sure your care reflects your values

• It avoids legal delays during critical moments

• It gives your proxy a clear plan to follow

Updating Your Directive

Your directive should be kept up to date. We recommend reviewing it when:

• You experience major life changes like marriage or divorce

• You are diagnosed with a serious illness

• You change your mind about a specific treatment

• You move to a new state or switch medical providers

We make it easy to update your documents. Just give us a call, and we will walk you through the update process and help distribute the new version to your doctor and loved ones.

Healthcare Directive FAQs

We know advance planning can feel unfamiliar, and it’s normal to have questions. Here are some of the most common things our clients ask when creating or updating their healthcare directives. If you’re wondering the same things, you’re not alone—and we’re here to walk you through every step.

What if I do not have a close family?

That is okay. Many people choose a trusted friend, neighbor, or professional who understands their values and can handle the responsibility. You don’t need a relative to have someone reliable in your corner. What matters most is choosing someone who will follow your wishes and speak up for what you want.

Can I include religious or personal beliefs?

Yes. You can add specific statements about your beliefs, whether they are religious, ethical, or spiritual. Your directive should reflect who you are and what matters most to you. Including these beliefs helps your proxy and doctors understand your bigger picture and make care choices that align with your values.

What if I change my mind later?

You can revoke or replace your directive at any time. We recommend notifying everyone who had a copy of the old version so they know your new instructions. It’s simple to update, and we can help you do it quickly. Life changes, and your plan can change with it.

Is a directive the same as a DNR?

Not exactly. A Do Not Resuscitate order only applies to CPR and must be signed by a doctor. A healthcare directive covers a broader range of decisions, including other life-sustaining treatments. While both relate to end-of-life care, a directive gives more flexibility and context for other choices too.

Let’s Talk About Your Goals and Wishes

Planning ahead with your estate lawyer is one of the most thoughtful things you can do. It protects your voice and gives your loved ones the guidance they need in difficult moments.

At Rossi & DeMarco, PLLC, we love helping families create personalized plans that feel right. We are relaxed, approachable, and here to walk through this process with you. We serve clients in Tonawanda, Wheatfield, North Tonawanda, and the surrounding areas, and we are here to help you when you need it. Reach out to our trusted healthcare directive attorneys today.