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A Living Will is Not a Will — But No Less Important
Lawyers are occasionally guilty of speaking legal jargon that a non-lawyer has no idea what the lawyer is talking about. For example, an estate-planning lawyer (or perhaps an estate-planning website you found) may suggest that you execute a living will in addition to a will, health-care proxy, and power of attorney. Like the article title […]
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Lawyers are occasionally guilty of speaking legal jargon that a non-lawyer has no idea what the lawyer is talking about. For example, an estate-planning lawyer (or perhaps an estate-planning website you found) may suggest that you execute a living will in addition to a will, health-care proxy, and power of attorney.
Like the article title implies, a living will really has no relation to a will. A will primarily deals with directing who will inherit your assets when you die. It is only effective after you pass away and an order accepting probate of the will is issued by the appropriate court.
By contrast, a living will is a document that is effective only while you are alive, does not require a court order to be effective (unless someone challenges its validity), and has nothing to do with your assets. Its purpose is to set forth a person’s instructions about treatment to be followed in the event the person becomes incapable of making treatment decisions and primarily involves life-sustaining medical treatment.
For example, a living will may state that, “If I become terminally ill, I do/do not want to receive the following treatments…” or “If I am in a coma or persistent vegetative state, with no hope of recovery, then I do/do not want…” These statements are then typically followed by special instructions about certain medical treatments you want withheld (or continued) such as artificial respiration or artificial nutrition and hydration (i.e. nourishment and water provided by feeding tubes).
There is no statute or “official” form for a living will in New York state, as they are primarily a creation of case law. New York case law has permitted the use of living wills as clear and convincing evidence of a person’s intentions regarding health-care decisions.
Similarly, there are no legal guidelines for execution of living wills but the general practice is to execute a living will in the same manner as a traditional will (i.e. two disinterested witnesses).
It is also wise to discuss your health-care wishes and end-of-life preferences with your health-care agent and give him or her a signed copy of your living will.
After signing a living will, you still have the right to make health-care decisions for yourself as long as you are able to do so.
So what is the big deal if you do not have a living will? If you tragically end up in a persistent vegetative state and there is no clear and convincing evidence of your wishes about artificial respiration or feeding tubes, it can turn potentially even more tragic if your loved ones get into a dispute about what should be done. This is what happened in the Terri Schiavo case, a story that made national news involving a Florida woman who fell into a persistent vegetative state that led to a protracted legal battle between her husband and her parents about whether to remove her feeding tube or not. If Schiavo had a living will in place explaining her wishes, this nasty dispute may have been avoided.
So while a living will is not really a will at all, one can see that it is no less important.
Ryan Emery is an attorney with Mackenzie Hughes LLP in Syracuse. He is a member of the firm’s estates department. Emery focuses his practice in the areas of estate planning and trust and estate administration in both New York and Florida. This viewpoint article was drawn from the Mackenzie Hughes blog, called “Plan Talk.” Contact Emery at (315) 233-8368 or email: remery@mackenziehughes.com

Up In Smoke: The History of Syracuse’s Cigar Industry
Rudyard Kipling was quoted as saying “A woman is only a woman, but a good cigar is a smoke.” Despite media reports regarding the perils of smoking, cigar smoking continues to be popular. Both tobacco farming and cigar making were a significant part of Onondaga County’s economy at the turn of the 20th century. In
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Rudyard Kipling was quoted as saying “A woman is only a woman, but a good cigar is a smoke.” Despite media reports regarding the perils of smoking, cigar smoking continues to be popular.
Both tobacco farming and cigar making were a significant part of Onondaga County’s economy at the turn of the 20th century. In fact, as late as 1910, tobacco was listed as Syracuse’s 10th largest industry.
The cultivation of tobacco in Onondaga County began around 1845. Individuals from Connecticut, known for its tobacco farming, were brought to the area to introduce the crop to local farmers. Many of these farmers grew an acre or two for extra income. A large proportion was in turn sold to local cigar makers. Baldwinsville was the center of this production and farmers brought their tobacco to be sold to the town’s large packing houses where it was cured and prepared for use. The tobacco grown in the North at that time was used primarily for cigar and cigarette production as the leaves were of higher quality, whereas tobacco grown in the South was cultivated to be ground up for chewing tobacco. Eventually national production quotas established after World War II favored Southern growers forcing local farmers to phase out their tobacco crops as it was no longer economically advantageous. The last known area crop was harvested in 1957.
As mentioned, many of the local growers sold their tobacco to local cigar makers. At one point, Syracuse boasted 80 cigar makers. Some of these operations were run from private homes where only two or three individuals were employed. Other makers provided employment for up to 400 workers. John P. Hier was one of these major cigar makers. Hier came to this country from Germany and, at eight years of age, sought employment at a tobacco factory to supplement his family’s income. After his father’s death, Hier continued on at the factory. While still a teenager, he became the foreman of his department and at 31, he took $300 of his savings and began his own business.
Hier subsequently employed anywhere from 200 to 400 workers depending on the demands of the public. After a long and prosperous career, Hier sold his business in 1899 to Syracuse Cigar & Tobacco Co. That firm became the largest cigar manufacturer in Syracuse. Several months later, it acquired two more local cigar companies. Despite producing more than 20,000 cigars a day, the company could not keep up with the backlog of orders so it ran help-wanted ads in Boston, New York City, and Binghamton–area newspapers. Another one of Syracuse’s leading cigar manufacturers was Justin Seubert. He emigrated from Germany when he was age 17. Seubert had apprenticed as a cigar maker at a leading cigar factory in Germany, where he learned the trade that would support him for the rest of his life. In 1866, after moving to Syracuse from New York City, he began his cigar business with two employees. He rapidly expanded the business and, in its heyday, employed more than 200 people.
Eventually, with the increased popularity of cigarette smoking, combined with the fact that local tobacco was no longer available, Onondaga County’s cigar industry faded away.
Karen Y. Cooney is support services administrator at the Onondaga Historical Association, or OHA, in Syracuse.
President & Pope Miss the Mark in Cuba
You say you would like to go to Philadelphia for the Fourth of July? Do you have permission to leave your home town? And, do you have permission from Philadelphia to visit? Oh, you also want to go to Bermuda in September? In other words, you want to go to jail? This is how I
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You say you would like to go to Philadelphia for the Fourth of July?
Do you have permission to leave your home town? And, do you have permission from Philadelphia to visit?
Oh, you also want to go to Bermuda in September? In other words, you want to go to jail?
This is how I react when people rave to me about Cuba. Maybe they have visited. Maybe they have read propaganda from Cuba.
And this is how I think when I read about Pope Francis’s visit to Cuba. And when I see stuff about President Obama’s visit and schmooze fests with the Castro brothers. And when I see anything from anyone who cozies up with anything to do with communism.
Sure, Cuba has its charms. Sure, many Cubans enjoy many things about life there. And how about those cigars? Don’t forget the cool music from Cuba.
Ah, but those who sing Cuba’s praises overlook a simple sobering fact: Cuba is a type of prison. The prisoners are most of the Cuban people.
This is true of China as well — although China has certainly loosened its controls over its people over the last few decades.
If you feel like shooting off to Bermuda, you can. Book your flight today and fly next weekend.
If you happen to be Cuban, you cannot shoot off to Bermuda. Try to do so and there may be another type of shooting — with you as the target.
The Cuban government owns you. It imprisons you. It tells you whether you can leave Cuba. You have no voice and no choice in your leader. One man has chosen himself to be your leader since the late 1950s. He decided a few years ago to let his brother be your leader. How nice of him.
Imagine being owned by a government. Imagine if President Obama told you today he has decided to remain as your president for the next 30 years. After that, he will let his wife rule you.
Imagine that if you managed to escape this country, the family you left behind would suffer. They might get booted from their homes. Or demoted in their jobs.
This is what happens when Cubans risk their lives — to sail to Florida on jury-rigged rafts and boats.
In China in the 1980s, people needed permission from authorities to leave their town or city to visit Mom in another city. Then they needed permission from authorities in Mom’s city to enter.
Those who sing the praises of countries under communism ignore such matters. They tell us their hotels were modern. They tell us the people are so friendly and so happy. Oh and they say you should learn about their health care.
I suggest you should learn about their jails. That is where Cubans and Chinese land if they try to exercise what we regard as basic freedoms.
Ronald Reagan had the courage to cry out for the prisoners of communism. He called the Soviet Union an evil empire. “Mr. Gorbachev, tear down this wall!” he demanded. I call this courageous. Because his advisers insisted he not say such things. Leaders and critics around the world attacked him.
I call this courageous because neither Pope Francis nor President Obama dare say the same today. Imagine how inspiring either could have been in Havana if he had sung out, “Mr. Castro, open the gates of this prison!”
For years, much of the world censured and isolated South Africa and Rhodesia (now Zimbabwe), because whites subjugated blacks in those countries. Today, the same countries approve of the slavery in Cuba. That’s right, Cuba is a slave state, pure and simple.
By not speaking out about the slavery, President Obama and Pope Francis give tacit approval. Leaders around the world are just as guilty. It is pitiful that speaking up for the most basic freedoms requires such courage. Yes, pitiful.
From Tom…as in Morgan.
Tom Morgan writes about political, financial and other subjects from his home near Oneonta. Several upstate radio stations carry his daily commentary, Tom Morgan’s Money Talk. Contact him at tomasinmorgan.com
Beyond Transparency, We Need Accountability
Over more than three decades in Congress, I had the chance to question many federal officials. Most of the time I wasn’t after anything dramatic — I just wanted to understand who was responsible for certain decisions. How often did I get a straight answer? Almost never. It was easily one of the most frustrating
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Over more than three decades in Congress, I had the chance to question many federal officials. Most of the time I wasn’t after anything dramatic — I just wanted to understand who was responsible for certain decisions. How often did I get a straight answer? Almost never.
It was easily one of the most frustrating aspects of trying to ensure robust oversight of the government. Our representatives’ job, after all, is to help make government work better. And you can’t do that if you don’t know whom to hold accountable for important decisions.
Accountability is essential to good governance. I’m not just talking about “transparency” — that is, citizens’ ability to know what’s being done in our name. That’s important, but equally important is holding accountable those who made the decision to do it — ensuring that they are accountable to policymakers, adhere to their obligations, follow the law, and pursue actions that are appropriate and responsive to the needs of the country.
This is elusive. Accountability requires that officials step up and take responsibility for their decisions, and not try to shift that responsibility to others or to some ill-defined group. It requires unambiguous performance standards, clear codes of ethics, timely reporting, and acceptance of responsibility, especially regarding budget or spending decisions.
So how do we get there?
Without clarity on who’s in charge of what and who’s responsible for which decisions, it becomes too easy for officials to remain unanswerable for their actions. Yet clear lines of authority mean nothing unless the deciding officials are identified and measured against what actually takes place. Officials need to give a full account of what they do and the decisions they make.
As a nation, we face a growing issue on this front when it comes to federal contractors — that is, the private workforce doing jobs for federal agencies. There are very few mechanisms for holding contractors responsible for their errors, abuses, and missteps.
Accountability also requires a robust media to tell us what’s going on in the entire system: within the bureaucracy, in the behavior of contractors, and among legislators who ought to be overseeing both but often don’t.
Accountability is key to good government. All I wanted to know in those congressional hearings was who made the decision about the public’s business. Is that too much to ask?
Lee Hamilton is director of the Center on Congress (www.centeroncongress.org) at Indiana University (IU), distinguished scholar at the IU School of Global and International Studies, and professor of practice at the IU School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years, representing a district in south central Indiana.

TOM SOCCOCIO, JR. has joined Zoey Advertising as its creative director. He brings nearly 30 years of radio commercial production, marketing, and voice-over experience. Soccocio has worked with local, regional, and national companies on both marketing and production. In addition to audio production, he will continue to create TV commercials and Web video for Zoey
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TOM SOCCOCIO, JR. has joined Zoey Advertising as its creative director. He brings nearly 30 years of radio commercial production, marketing, and voice-over experience. Soccocio has worked with local, regional, and national companies on both marketing and production. In addition to audio production, he will continue to create TV commercials and Web video for Zoey Advertising.
BCA Architects & Engineers announced it has five new partners. GREGOR K. SMITH, civil engineer has been with BCA for 10 years. Smith, who formerly worked at the NYS Department of Health, graduated from Cornell University with a bachelor’s degree in engineering. JEFFREY L. MCKENNA, director of M/E/P engineering at BCA, is a graduate of
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BCA Architects & Engineers announced it has five new partners. GREGOR K. SMITH, civil engineer has been with BCA for 10 years. Smith, who formerly worked at the NYS Department of Health, graduated from Cornell University with a bachelor’s degree in engineering. JEFFREY L. MCKENNA, director of M/E/P engineering at BCA, is a graduate of Rochester Institute of Technology and has more than 25 years of experience. He joined BCA in 2015 and manages the firm’s engineering staff across all offices. COREY G. REID, civil engineer, has been with the firm for 12 years and manages a portfolio of municipal engineering projects. He graduated from Clarkson University with a bachelor’s degree in civil engineering. TRAVIS C. OVERTON, senior architect, is the former national director of facilities for Immigration and Customs Enforcement in Washington, D.C. He holds a bachelor’s degree in professional studies in architecture from SUNY Buffalo and a master’s degree in architecture from the University of Michigan. SCOTT J. DUELL, VP – education services has worked in the K-12 education market for 30 years. He joined BCA in 2013 and manages the Ithaca office, servicing clients in the Central, Catskills, and southern regions of New York. Duell graduated from Clemson University’s architecture program with a bachelor’s degree in design.
National Fire Adjustment Co., Inc.
National Fire Adjustment Co., Inc. has appointed two licensed adjusters, SALVATORE T. BONANZA and MICHAEL F. DUESTER. Both work in the firm’s Syracuse office. After graduating from Utica College of Syracuse University with a bachelor’s degree in business management, Bonanza was employed by Utica National Insurance Group as a senior property claims specialist with a
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National Fire Adjustment Co., Inc. has appointed two licensed adjusters, SALVATORE T. BONANZA and MICHAEL F. DUESTER. Both work in the firm’s Syracuse office. After graduating from Utica College of Syracuse University with a bachelor’s degree in business management, Bonanza was employed by Utica National Insurance Group as a senior property claims specialist with a focus on commercial and personal lines insurance. Duester is a graduate of Canisius College with a bachelor’s degree in history/education, with a concentration in Asian studies. He brings 22 years of property claims handling experience, most recently working for Harlesyville/Nationwide as property general adjuster.

CHAD SHARE has been appointed liability claims manager at Preferred Mutual Insurance Company. Prior to this, he was a claims specialist in the firm’s liability department. Share obtained a bachelor’s degree in criminology/criminal justice from Niagara University, holds the legal principles claim specialist designation, and is pursuing the charter property casualty underwriter accreditation.
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CHAD SHARE has been appointed liability claims manager at Preferred Mutual Insurance Company. Prior to this, he was a claims specialist in the firm’s liability department. Share obtained a bachelor’s degree in criminology/criminal justice from Niagara University, holds the legal principles claim specialist designation, and is pursuing the charter property casualty underwriter accreditation.
Tully Rinckey PLLC announced that JOSEPH SCOTT, JR. has joined the firm as a senior associate. He will represent private-sector employees across New York state and federal employees across the nation that face employment-related legal issues. Scott began as a trial attorney at a New York City law firm. He was also trial counsel for
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Tully Rinckey PLLC announced that JOSEPH SCOTT, JR. has joined the firm as a senior associate. He will represent private-sector employees across New York state and federal employees across the nation that face employment-related legal issues. Scott began as a trial attorney at a New York City law firm. He was also trial counsel for the offices of the American Federation of Government Employees in New York and New Jersey, and the Peekskill office of the NAACP. Scott joins Tully Rinckey’s employment and federal sector law team. He obtained his J.D. from the University of Notre Dame Law School and also studied at the London School of Economics and Political Science in England. Scott previously received his bachelor’s degree in computer science from the City College of New York.

Cleantec Inc. announced that ELIZABETH PIAZZAhas joined the company as operations coordinator. She is a Syracuse University graduate and previously worked for Pinckney Hugo Group for two years.
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Cleantec Inc. announced that ELIZABETH PIAZZAhas joined the company as operations coordinator. She is a Syracuse University graduate and previously worked for Pinckney Hugo Group for two years.
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