Although technically a will can be drafted without the assistance of an attorney, it is common knowledge that doing so would be extremely unwise. Due to the complexity and intricacies involved in such a process, it behooves anyone to employ the assistance of a skilled attorney who is familiar with all of the technicalities and nuances involved in drafting such an important document. Courts construe wills in an extremely strict manner such that failure to adhere to the proper requirements can jeopardize a will’s validity. This can put the financial futures of a person’s loved ones at grave risk. Our attorneys at Alber & Loglisci take the time to sit with our clients to fully understand their needs and wishes in order to ensure that this process is handled in the manner befitting that particular client. Utilizing our legal skill and expertise in draftsmanship, we work with our clients to ensure that their wishes are carried out for the benefit of their loved ones in the manner intended.

A living will is an instrument by which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme disability. Such a document is typically signed with the same formalities used in signing a will. In New York State, the term used for such a document is called a do-not-resuscitate (DNR) order. Under Article 29B of the New York State Public Health Law, such an order can be given by someone acting on a person’s behalf where it is determined that: (1) the patient has a terminal condition; (2) the patient is permanently unconscious; (3) resuscitation would be medically futile; or (4) resuscitation would impose an extraordinary burden on the patient in light of the patient’s medical condition and the expected outcome of resuscitation for the patient. (Section 2965(3)).

A power of attorney is a document that grants a person the authority to act as an agent for somebody else (the "principal" or "grantor"). This power can range from broad to specific and allows the agent to make various business decisions for the principal.

A springing power of attorney is one that becomes effective only when needed, at some future date or upon some future occurrence; usually upon the principal’s incapacity (this is also known as a "springing durable power of attorney").

A durable power of attorney is one that remains in effect during the grantor’s incompetency and even after the grantor is no longer incapacitated.

A health care proxy is a document that takes effect upon a principal’s incompetency and designates a surrogate decision-maker to decide upon healthcare matters for the principal. This is governed by Article 29C of the New York State Public Health Law and it is required that such a proxy be signed before 2 witnesses who are at least 18 years of age.