As the growth in our aging population continues, recent articles highlight the rising incidence of end-of-life medical treatment issues. As a result, trusts and estates lawyers have had to add health law as another area of expertise they are expected to provide as part of an estate plan.

Keeping abreast of health law has not been easy, as the health law landscape has undergone many shifts in the past few years. These changes in New York law and practice are attempts to address previous gaps in the laws regulating end-of-life care. Despite much publicity about these new laws, including the 2010 enactment of the Family Healthcare Decisions Act and the rollout of the MOLST (Medical Orders for Life-Sustaining Treatment) throughout the state, many remain unaware of the proper documents that must be in place for end-of-life medical treatment issues.