COMMUNITY EDUCATION: Advance Directives 生死之間

U.S. Living Will Registry, 523 Westfield Ave., P.O. Box 2789, Westfield, NJ 07091-2789
Total Life Choices, New York Legal Assistance Group, 450 W. 33rd Street, 11th Floor, New York, New York 10001
FAX to 212.750.0820 to the attention of “Total Life Choices”
Washington State Department of Health, Living Will Registry, 101 Israel Rd SE, PO Box 47813, Olympia, WA 98504
Fax to: 908-654-1919
https://liv-will1.uslivingwillregistry.com/cgi-bin/login.cgi?st=wa
http://www.nylag.org/legal_forms.htm
http://www.lsnjlaw.org/english/healthcare/livingwills/advancedirectives/index.cfm#Planningahead
your health care representative, family, your doctor, and others who are important to you
The New York Legal Assistance Group’s Total Life Choices project (TLC) enables individuals to take control of their
health care choices by promoting the use of advance directives through education, legal assistance and community
partnerships. In addition, TLC offers secure online storage of these important documents for easy accessibility should the
need arise. TLC seeks to prevent situations where health care professionals are without clear instructions on individuals’
preferences for medical care and families suffer undue stress because the where abouts of advance directives are unknown.
Informational presentations and workshops
Advance directives workshops for consumers may be scheduled anytime Monday through Friday between 9:00am and
5:00pm. NYLAG staff and summer law students will conduct presentations, which generally last between 30 minutes and 1
hour and include the following content:
 Advance Directives: Their Use and Importance:
• Who Should Have an Advance Directive?
 Why Advance Directives Are Important in New York
 Health Care Decision Making: What Are Your Rights?
 Overview of Living Will Forms
• Life-Sustaining Medical Options
 Overview of Health Care Proxy Forms
• The Health Care Agent Relationship: Roles and Responsibilities
 The U.S. Living Will Registry®
• History and Purpose
 Benefits of Electronic Registration
 The Registration Process: How it Works
 Live Demonstration of Online Registry
 Total Life Choices
• How to Contact
 Resources and Assistance
NYLAG provides both living will and health care proxy forms and informational materials to audiences. Presentations can
be customized for specific audiences and include additional topics upon request.

Staff training sessions for social service and health care professionals
NYLAG conducts onsite sessions on advance directives so that staff may be better equipped to answer client questions and
be able to refer them to NYLAG for electronic registration and further assistance. Presentation includes information
covered in the consumer workshop and detailed information on the Registry service and the referral process.
Are your health care choices protected?
Prepare a free living will or health care proxy and register for a free, lifetime account with the U.S. Living Will Registry®.
Total Life Choices: Advance Directives Project

Q: What is an advance directive?

A: An advance directive is a legal document that allows a person to make their health care choices known in advance of an
incapacitating illness or injury. Although laws vary from state to state in America, there are two main types of directives:

• A living will is a legal document in which you state the kind of health care you want or don't want in the event you
become very ill and there is no reasonable hope for recovery.

• A health care proxy (or durable health care power of attorney) is a legal document in which you name someone close to

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you to make decisions about your health care in the event you become incapacitated.

Q: Why do I need an advance directive?

A: Advance directives give you a voice in decisions about your medical care when you are unconscious or too ill to
communicate. As long as you are able to express your own decisions, your advance directive will not be used and you can
accept or refuse any medical treatment. But if you become seriously ill, you may lose the ability to participate in decisions
about your own treatment. That's when your advance directive becomes important.

Q: Should an individual have both types of advance directives?

A: Ideally, yes. You can have a health care proxy that names a health care agent and a living will to help guide the agent in
making the decisions. Some individuals, however, do not have anyone to name as their agent, so s/he should complete a
living will and be as specific as possible. Others prefer to have just a health care proxy and discuss their wishes with their
agent. We recommend that individuals complete a health care proxy if at all possible as there is currently no surrogate
decision-making under New York state law. Whatever you decide, your advance directive should be easily accessible.
That’s why we recommend registering both documents with the U.S. Living Will Registry®, so that they are included in a
secure online database.

Q: When does an advance directive become effective?

A: A living will and health care proxy will become effective only when you are incapacitated and unable to make
communicate your wishes regarding your care.

Q: How do I register my advance directive in the U.S. Living Will Registry®?

A: To submit advance directives for registration, you or your social service provider may send the documents along with the
U.S. Living Will Registration Agreement by either of the following methods:

 FAX to 212.750.0820 to the attention of “Total Life Choices”

 MAIL to: Total Life Choices, New York Legal Assistance Group, 450 W. 33rd Street, 11th Floor
New York, New York 10001

Additional advance directive forms and registration materials can be obtained online at www.nylag.org or by calling
212.371.6873.

Q: How does Total Life Choices work?

A: A TLC attorney will first review your documents to ensure they are legally sufficient.
Your advance directive(s) is then scanned into the U.S. Living Will Registry® so that an exact image of your document is
stored. Once registered, you will be sent a confirmation letter in addition to labels for you driver's license and insurance
card, stating that you are registered, and a wallet card listing your Registration #. Health care providers can contact the
computer on the telephone or via a secure Internet web site, and request a copy of your advance directive. The computer
sends a copy to the provider, and it is kept as part of your confidential medical record. If you don't have your card, the
health care provider can still access your document using your social security number (health care providers almost always
have your social security number because they use it for billing purposes). Your document is stored and transmitted in the
safest way possible to insure your privacy. You will have peace of mind knowing that your advance directive is safe, secure
and available to your family and doctors whenever and wherever it is needed. And because health care providers can contact
the Registry to see if any patient has an advance directive, they can retrieve your document even if they don't have your
card.

Q: How much does it cost to register?

A: Registration is completely free. TLC provides this service without charge so that everyone can participate.

Q: What if I change my mind?

A: You can revoke your health care proxy and/or living will at any time while you are competent by informing your agent
or physician that you have changed your mind. You must notify the Registry in writing if you change or revoke your
advance directive in which case your old directive will be destroyed and your new document will be registered. Moreover,
the U.S. Living Will Registry® automatically sends annual reminder letters to confirm that your information is up-to-date.
To change your advance directive(s): Simply fill out a new health care proxy and/or a new living will form and mail
everything directly to the Registry. They will automatically replace the new documents with the existing ones. If you would

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like to revoke a document entirely, provide instructions in the form of a letter. All documents should be mailed to:

U.S. Living Will Registry, 523 Westfield Ave., P.O. Box 2789, Westfield, NJ 07091-2789

Q: Will my advance directive be honored if I become ill in another state?

A: All 50 states and the District of Columbia have laws recognizing the use of advance directives (i.e., living wills, medical
powers of attorney). The majority of states will recognize a New York State health care proxy and living will and most
states also have reciprocity provisions. However, if you spend a great deal of time in more than one state you might want to
consider executing an advance directive specifically worded to meet each state’s requirements to best protect your interests.

Q: I am worried about my advance directives not remaining confidential. What safeguards are in place to protect my
privacy?
A: Your advance directive is a legal document and its privacy and confidentiality must be protected. In the Registration
Agreement, it is clearly stated “Registry is not authorized to share my personal information with parties other than health
care providers.” Health care providers (as defined by federal regulations on advance directives) are hospitals, doctors,
skilled nursing facilities, nursing facilities, home health agencies, providers of home health care, ambulatory surgery
facilities, and hospices. Once transmitted to a provider, your advance directive becomes part of your medical record. Law
protects the privacy of medical records. The Registry does not share or sell your personal information.

Q: What if I already have an advance directive? Do I have to complete a new one to participate in Total Life Choices?
A: No. Just as long as a NYLAG attorney reviews the documents and finds them legally sufficient, your existing forms can
be uploaded into the database after you fill out a registration form.

Q: How do I access my advance directives once they are stored in the Registry?
A: You can visit the website at www.uslwr.com and access the documents by entering the “Source” and the “Registration
#,” both of which are listed on the Registry ID card you receive in the mail. If you do not have the card with you and a
hospital/medical facility needs to access the documents, they can do so by calling 1.800.LIV.WILL (548.9455).

Q: I don’t have a U.S. Social Security Number. Can I still participate in the Registry service?
A: Yes. Individuals without a SSN can either leave this section of their Registration form blank or write that they do not
have a SSN. An account number will be generated randomly and assigned to the individual.

Q: Can registered individuals have their directives accessed if they are admitted to a hospital outside of the U.S.?
A: Mostly yes. The Registry already has numerous Foreign Service employees registered who are regularly out of the
country. In the event they are admitted to a hospital overseas, the Registry would use similar verification methods to ensure
that person requesting the information is from a legitimate medical institution. This may be more difficult in countries with
less developed information technology systems.

Q: What if I do not have access to a computer or am not comfortable using the internet, should I still store my advance
directives electronically?
A: Individuals without internet access can make full use of this service. All advance directives must be mailed or faxed to
us so there is no need for the internet. Doctors, health care facilities and anybody else with whom you share your
registration number can download your documents from the internet, but there are also alternative methods of obtaining
them from the Registry.

Living will registry available online

OLYMPIA ¾ There are few things more personal than making decisions about our end of life wishes, and it can be
difficult to talk about those decisions to those closest to us. Many people who’ve thought about it and made decisions don’t
share them with family or physicians. Often, difficult medical decisions are made without knowing what the person really
wanted.
The state Department of Health has established a Web-based registry that stores the living will documents of state residents.
Important documents such as medical health care directives and durable power of attorney forms are stored in a secure,
online database. Living will documents contain information about treatment wishes in case a patient is unable to
communicate. The system stores emergency contact information so next of kin can be contacted immediately.
Only authorized health care providers — such as physicians and nurses working in hospitals, clinics, nursing homes,

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assisted living facilities, or in hospice and home health agencies — have access to the registry. Health care providers have
quick, easy access to patient preferences — 24 hours a day, everyday. Health care providers can apply for registry
authorization by completing an online application form
(http://www.doh.wa.gov/livingwill/forms/FacilityAccessApplication.pdf).
People of all ages are advised to have a living will. Registering living will documents is easy — and it’s free. Registrants
receive a wallet card with a unique registration identification number and instructions to access the living will documents
they’ve filed. They also get stickers to put on their driver’s license, insurance card, or identification card. Registrants can
access, make changes, or remove their living will documents at any time. Each year, they’ll automatically receive a letter
reminding them to update their information.
Details on Washington’s Living Will Registry (www.doh.wa.gov/livingwill) are available online or by calling toll free 1-
800-525-0127. The Web site explains why and how to register. People may submit living will documents they’ve prepared,
or the Web site offers downloadable blank forms. The Department of Health has created a simple two step process for
registering.
• Complete living will documents.
• Mail the documents with the department’s Registration Agreement form to the registry.
The Washington State Living Will Registry helps Washingtonians prepare for their future. By offering simple steps to
record and store living will documents, the registry gives peace of mind to families and confidence to physicians —
knowing they’re following the patients’ final wishes.
Most people have clear ideas of their end-of-life preferences. But does your family or physician know?
YOUR FINAL WISHES... What are they?

The Washington State Living Will Registry allows you to store your living will documents in a secure, online database. A
living will gives you the power to record your medical decisions in the event you’re unable to communicate and gives your
physician vital information about your treatment wishes. Only authorized health care providers may access and view your
documents in the registry. The registry also stores your emergency contact information so that family and next of kin can
be contacted.

People of all ages should have a living will. Give peace of mind to family members who may be unsure about your end-of-
life treatment wishes by documenting your living will decisions today.

The Washington State Living Will Registry includes:

• Health Care Directive
• Durable Power of Attorney for Health Care
• Mental Health Advance Directive
• Physician Orders for Life Sustaining Treatment

The Living Will Registry is managed by the Washington State Department of Health. The department exclusively selected
the U.S. Living Will Registry company to maintain our Washington State Living Will Registry. The
company is located in Westfield, New Jersey and has been providing national registry services to
individuals and health care providers across the United States. Private information exchanged with
this company's web site is encrypted before transmission using a VeriSign SSL certificate.

Washington State Department of Health, Living Will Registry, 101 Israel Rd SE

PO Box 47813, Olympia, WA 98504-7813
Send inquires about DOH and its programs to the Health Consumer Assistance Office
Comments or questions regarding this web site? Send mail to the Subsite developer

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How to Register and File my Documents
1. Step 1 Prepare your health care directive documents.
•Health Care Directive (253 KB PDF)
•Durable Power of Attorney for Health Care (247 KB PDF)
•Mental Health Advance Directive (389 KB PDF)
•Physician Orders for Life Sustaining Treatment (POLST) More details...
Learn more about Step 1
2. Step 2 Complete the Registration Agreement / Authorization to Change form (388 KB PDF).
Learn more about Step 2
3. Step 3 Mail or fax copies of your health care directive documents and Registration Agreement / Authorization to
Change form to: Washington State Department of Health, Living Will RegistryP.O. Box 47813, Olympia, WA
98504-7813 or Fax to: 908-654-1919

What is a Physician Orders for Life-Sustaining Treatment (POLST)?

The Physician Orders for Life-Sustaining Treatment (POLST) is a form intended for any individual with a serious health
condition. The form provides a way to summarize your wishes regarding life-sustaining treatment. Together, you and your
physician discuss and develop a specific plan that reflects YOUR treatment wishes. This plan is translated into a set of
physician orders for medical treatment and documented on the POLST form. Your physician signs the form and assumes
full responsibility for its accuracy.
The POLST form is portable and is intended to go with you from one care setting to another. The form reduces the need for
repetitive end-of-life discussions and provides security for both you and your physician that your expressed wishes will be
carried out. Having a completed POLST form can assist physicians, nurses, health care facilities and emergency medical
personnel in honoring your treatment wishes.
The POLST form translates your wishes as expressed in your Health Care Directive and Durable Power of Attorney for
Health Care into clear and specific medical orders that includes the following:
• Your preferences for resuscitation.
• Medical interventions.
• The use of antibiotics.
• Artificially administered fluids and nutrition.
POLST forms can be obtained at your physician’s office. If your physician is not yet aware of the form, your physician
should call the WA State Medical Association at (206) 441-9762 or (800) 552-0612 for more information.
For more information visit the Washington State Medical Association website or the Washington State Department of
Health, Office of Emergency Medical Services and Trauma System website.

Step 1: Prepare Documents

• The following types of health care directive documents may be submitted to the Washington State Living Will
Registry. If you HAVE NOT yet prepared your health care directive documents, you may use the sample forms
provided below. These forms have been provided as a public service:
• What is a Health Care Directive?
A Health Care Directive (sometimes called a Living Will or Advance Directive) is a legal document that allows you to
express your wishes for medical treatment when you are unable to express them or are near death. The document allows
people who clearly do not want their lives prolonged to make their wishes known.
Your Health Care Directive is only used if you have a terminal condition as certified by your physician, where life-
sustaining treatment would only prolong the process of dying; or you are certified by two physicians to be in an irreversible
coma or other permanent unconscious condition and there is no reasonable hope of recovery. In either situation, your
directive allows treatment to be withheld or withdrawn so that you may die naturally.
In your Health Care Directive, you may also direct whether you would like artificially provided nutrition (food) and
hydration (water) stopped in the above situations. You may also give further written instructions regarding your care. If you
have given someone else authority for making decisions, through a Durable Power of Attorney for Health Care document,

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you may also direct that person to follow and honor your Health Care Directive. You can change or revoke your Health
Care Directive at any time.
Your Health Care Directive must be signed by you and two witnesses who are not related to you by blood or marriage and
who will not inherit anything from you. Your witnesses may not be your attending physician, an employee of your attending
physician or a health care facility in which you are a patient.
You are encouraged to discuss your Health Care Directive with your physician and family members. Any legal questions
you may have about the use and effect of this directive may be answered by an attorney.
A model Health Care Directive form was included in state law RCW Chapter 70.122. For your convenience, we have taken
the model form and created a downloadable Health Care Directive form (253 KB PDF).
On the form, you may add specific health care directions to meet your individual needs. You are encouraged to save your
completed form on your computer and to print a copy of it to mail or fax to the Washington State Living Will Registry.
• What is a Durable Power of Attorney for Health Care?
A Durable Power of Attorney for Health Care is a legal document that allows you to give someone permission to make
medical decisions for you when a physician has determined you cannot make these decisions yourself. The person you name
is given permission to consent to, stop or refuse most medical treatment for you. Typically, this person is called an attorney
in fact, agent, or health care proxy. The person you choose should be a trusted family member of friend whom you have
discussed your values and medical treatment choices. You can change or revoke your Durable Power of Attorney for Health
Care at any time.
Washington state law does not require a Durable Power of Attorney for Health Care to be notarized or witnessed. However,
it is recommended that you always have two witnesses who are not related to you by blood or marriage and who will not
inherit anything from you. Your witnesses should not be your attending physician, an employee of your attending physician
or a health care facility in which you are a patient.
Witnessing and/or notarization are also important as evidence to help confirm that you are competent. This can help assure
that your wishes are carried out should someone oppose on the grounds that you did not understand what you were doing
when signing the document. Also, in some states it is required that the document be notarized. In the event you travel out of
state you may want to consider having it notarized.
You are encouraged to discuss your Durable Power of Attorney for Health Care with your physician and family members.
Any legal questions you may have about the use and effect of this directive may be answered by an attorney.
For your convenience, we have created a downloadable Durable Power of Attorney for Health Care form (247 KB PDF).
You are encouraged to save your completed form on your computer and to print a copy of it to mail or fax to the
Washington State Living Will Registry.
• What is a Mental Health Advance Directive?
A Mental Health Advance Directive is a legal document that describes YOUR preferences for treatment and care should
you become incapacitated by mental illness that your judgment is impaired and/or you are unable to communicate
effectively. It can inform others about what treatments you want or don't want. Treatment may include medication, short-
term admission to inpatient treatment, and electroconvulsive therapy.
In your Mental Health Advance Directive, you may identify a person you trust to make decisions and act on your behalf.
You may also limit that person’s decision making authority to only times when you’re incapacitated or in times when
exhibiting symptoms or behaviors that are specifically written in your advance directive.
You are encouraged to discuss this directive with your physician, counselor and trusted family members. Any legal
questions you may have about the use and effect of this directive may be answered by an attorney.
For more information visit the Washington State Mental Health Division website.
A model Mental Health Advance Directive form was included in state law RCW Chapter 71.32. For your convenience, we
have taken the model form and created a downloadable Mental Health Advance Directive form (389 KB PDF).
On the form, you may add specific health care directions to meet your individual needs. You are encouraged to save your
completed form on your computer and to print a copy of it to mail or fax to the Washington State Living Will Registry.
Mental Health Advance Directive form (389 KB PDF)
• Sign and obtain any needed witnessing signatures on your health care directive documents.
• Make copies of your health care directive documents to mail or fax to the registry.

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Step 2: Complete Registration Form
• Read the Registration Agreement / Authorization to Change form (520 KB PDF) carefully.
• By completing a Registration Agreement / Authorization to Change form, you are giving the Washington State
Living Will Registry permission to send an exact copy of your health care directive document(s) and emergency
contact information to your attending health care provider.
• To register, you must be at least 18 years of age and have the capacity to make health care decisions.
• Be sure to sign and date the Registration Agreement / Authorization to Change form.
• Make copies of your Registration Agreement / Authorization to Change form to mail to the registry.

Step 3: Mail or Fax Documents

• Send copies (DO NOT SEND ORIGINALS) of your health care directive documents along with a completed
Registration Agreement / Authorization to Change form (520 KB PDF) to:
Washington State Department of Health
Living Will Registry
P.O. Box 47813
Olympia, WA 98504-7813
or Fax to: 908-654-1919

• Once the Registry receives your Registration Agreement / Authorization to Change form and your health care
declaration documents, the Registry will create a unique registration identity number for you and will place your
documents on the Registry. Your documents will appear in date order with the most current document(s) first.

Step 4: What Happens Next?

• After your health care directive documents are registered, U.S. Living Wills will send you a letter confirming your
registration. This letter lists your basic identification and emergency contact information. Please review the
information to make sure it is entered into the Registry’s computer database correctly.
• In addition, the letter contains peel-off sticky labels. Please put the labels on your insurance cards, driver’s license
and any identification cards.
• The letter also contains a peel-off wallet card listing your name, registration number, instructions on how to access
your documents, and the date your documents were registered or last updated.
• Each year, you will get a letter from the Registry asking you to review and update any personal or emergency
contact information. The update letter contains new peel-off labels and wallet card.
• There is no charge to you for annual update letters, labels, wallet cards, or continued registration in the Registry.
• You may send the Registry as many documents as needed at no charge.
• To replace, remove, or add a new health care directive document, you must notify the Registry in writing by
completing a new Registration Agreement / Authorization to Change form (520 KB PDF).
• Your registration agreement will remain in effect until the Registry receives reliable information that you are
requesting to terminate the agreement.

What are health care directive documents?

Health care directive documents are legal documents that shares a person’s wishes regarding their health care treatment and
end of life choices should they become incapacitated or otherwise unable to make decisions. Health care directive
documents must be voluntarily completed by a person who is at least 18 years of age and of sound mind. This means the
person must be mentally stable and able to comprehend the nature of signing such a document.
In Washington State there are two primary ways to put your desires about medical care into writing. One is called a Health
Care Directive (sometimes called a Living Will or Advance Directive) and the other is called a Durable Power of Attorney
for Health Care. The Health Care Directive expresses your wish for treatment when near death or permanently unconscious.
The Durable Power of Attorney for Health Care allows you to give someone else authority for making decisions or
following your directions about your health care desires. These two forms can help convey your wishes for future medical
care including non-treatment and are recommended for all individuals.
In addition, you may choose to complete a Mental Health Advance Directive which describes your preferences for treatment
and care should you become incapacitated by mental illness. Or, if you have a serious health condition, you may want to
discuss with your attending physician the specific Physician Orders for Life-Sustaining Treatment form which addresses

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end-of-life treatment wishes.
While it is not required that an attorney help you in preparing the above forms, you may want to consult an attorney if the
forms do not fit your needs or if you have concerns. The Washington State Living Will Registry does not provide legal
advice or legal services. Any questions you may have about the use of these forms may be answered by an attorney.
We recommend you provide copies of your Health Care Directive and Durable Power of Attorney for Health Care
decisions, and if appropriate, your Mental Health Advance Directive, to your physician, family and anyone listed as your
attorney-in-fact for making health care decisions should you become incapacitated.

Why Register your Documents?

We know that health care is vitally important to everyone. Making medical treatment choices is your right. But how can you
be sure your choices will be honored if you become incapacitated or unable to make decisions.
People of all ages face this question. Often, family members are burdened with making difficult medical treatment decisions
without knowing what you really want.
In Washington State, many health care providers assume you want all available medical treatment, including life-sustaining
care, unless you tell them otherwise. Should an unexpected situation occur, causing you to become incapable of stating your
treatment wishes your attending physician and family are left to decide the level of care that you may want or do not want.
By using the Washington State Living Will Registry, you relieve your family from having to make stressful health care
decisions. Knowing your attending physician has access to an exact copy of your written health care instructions may assure
you to know your medical treatment wishes will be honored.

Apply for Registry Access Authorization

Do you know your patients' final wishes?
Health care practitioners and facilities such as hospitals, nursing homes, hospice agencies, and other licensed providers may
apply for access to the registry by completing a simple application form (347 KB PDF). By gaining authorization to the
registry, your facility will have an organized and easy way to store and retrieve your patients’ end-of-life treatment wishes.
The registry is free of charge and may be accessed 24 hours a day. Learn more about registry benefits.
Once the application is completed, mail or fax it to the Washington State Department of Health for approval. The
application contains the mailing address and fax number. Your application will be reviewed within 3 to 5 business days.
Once approved, you will receive a letter containing your unique access code and instructions for retrieving documents. To
learn more about the registry and how health care providers can access documents, view the 7 minute educational video.
The Living Will Registry is managed by the Washington State Department of Health. The department
exclusively selected the U.S. Living Will Registry company to maintain our Washington State Living
Will Registry. The company is located in Westfield, New Jersey and has been providing national
registry services to individuals and health care providers across the United States. Private information
exchanged with this company's web site is encrypted before transmission using a VeriSign SSL
certificate

Benefits of the Registry

• Signing up to access the Washington State Living Will Registry is easy and will assist you in helping patients.
• The registry gives individuals the power to record their medical decisions in the event they are unable to
communicate them to you.
• The registry will make your job easier by providing one place to access the most current information about
Washington residents.
• You will know if your patient has a living will in the registry because you will find a sticker on their driver’s
license or identification card. You can also access the registry and search by name and birth date if no identification
is present.
• The registry provides an accurate account of an individual’s end-of-life preferences which will help you in
fulfilling their wishes.
• End-of-life discussions with family members are difficult. The registry will enable you to talk about the patient’s
wishes with confidence and concrete information.
• Emergency contact information for family or next-of-kin will be stored in the registry along with the living will

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 documents in order for family to be contacted immediately in an emergency.
• Patients will be asked annually to review and update their documents.
• Laws

Health Care Declarations Registry – Second Substitute House Bill 2342, effective 6-7-06 (31 KB PDF)
"The legislature finds that effective communication between patients, their families, and their caregivers regarding their
wishes if they become incapacitated results in health care decisions that are more respectful of patients' desires. Whether the
communication is for end-of-life planning or incapacity resulting from mental illness, the state must respect those wishes
and support efforts to facilitate such communications and to make that information available when it is needed.
It is the intent of the legislature to establish an electronic registry to improve access to health care decision-making
documents. The registry would support, not supplant, the current systems for advance directives and mental health advance
directives by improving access to these documents. It is the legislature's intent that the registry would be consulted by health
care providers in every instance where there may be a question about the patient's wishes for periods of incapacity and the
existence of a document that may clarify a patient's intentions unless the circumstances are such that consulting the registry
would compromise the emergency care of the patient."

Revised Code of Washington (RCW) Laws:

• Natural Death Act Chapter 70.122 RCW
• Health Care Declarations Registry Chapter 70.122.130 RCW
• Health Care Declarations Registry Account Chapter 70.122.140 RCW
• Directive to withhold or withdraw life-sustaining treatment Chapter 70.122.030 RCW
• Power of Attorney Chapter 11.94 RCW
• Mental Health Advance Directives Chapter 71.32 RCW
• Emergency Medical Personnel – Futile treatment and natural death directives (Physician Orders for Life-Sustaining
Treatment – POLST) Chapter 43.70.480 RCW
Video
http://www.doh.wa.gov/livingwill/media/generalpublic.asx
People who have registered can access their health care registry documents here. To access your documents, use the
information on your "Registrant's Wallet ID Card",
1. Choose the Source from the drop down menu that matches the "Source" on the card.
2. Enter the registrant's ID number, and click Look Up.
https://liv-will1.uslivingwillregistry.com/cgi-bin/vtaiplist.cgi?st=wa
Authorized health care providers may access the Washington State Living Will Registry 24 hours a day. If you are an
authorized provider, please enter your organization's ID number and access code.
Health care facilities interested in gaining access to the registry must first complete an application form and submit it to the
Washington State Department of Health for approval. Once approved, you will receive a letter containing your unique
organization ID number, access code, and instructions on how to use the registry.
Fair Hearings
Q: What is a fair hearing?
A: A fair hearing is a formal chance for you to challenge a decision made by the City about your welfare, food stamp or
Medicaid benefits.
Q: How do I request a fair hearing?
A: If you received a written notice of intent involving welfare and/or Medicaid, you have sixty days to request a
hearing; if the notice involves food stamps, you have 90 days. If your benefits changed without notice, these time limits
might not apply, but it is best to request a fair hearing as soon as possible. If your benefits are being reduced or
terminated, you should act quickly to keep your benefits from being reduced while you wait for the hearing and decision.
To ask for a hearing, follow the instructions on the notice or call 1.800.342.3334. Requests can also be made by fax:
518.473.6735. In New York City, you may also go in person to either of the two OTDA Office of Administrative
Hearings: 14 Boerum Place, 1st Floor, Brooklyn, New York 11201; 330 West 34th Street, 3rd Floor, New York, New
York 10001. (You may also want to add a link to the OTDA fair hearings site,http://www.otda.state.ny.us/oah/faq.asp.)
Food Stamps
Q: How do I apply for Food Stamps?
A: If you are only applying for Food Stamps (and not public assistance as well), you can go to any of the Non Public
Assistance (NPA) Centers in New York City listed below and submit an application. Note that the NPA Centers are

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frequently moving addresses so call before heading to a specific center. If you are not able to leave your home for
medical reasons, you can contact the Homebound Food Stamp Center at 151 Lawrence Street, Brooklyn, New York,
11201 or (718) 488-5480 for assistance.
Boro Hall Food Stamp Center, 227 Schermerhorn Street, Brooklyn, NY 11201 (718) 722-4023/24
Monday through Friday: 8:30 a.m. to 6:00 p.m. Saturdays: 9:00 a.m. to 5:00 p.m. Brighton Food Stamp
Center, 2865 West 8th Street, Brooklyn, NY 11224 (718) 265-5612/13 Coney Island Food Stamp Center 2865
West 8th Street, Brooklyn, New York 11224 (718) 265-7680 Midwood Food Stamp Center, 3051 West 21st Street,
Brooklyn, NY 11224 , (718) 333-3273/93 New Utrecht Food Stamp Center, 6740 Fourth Avenue, Brooklyn,
NY 11220 (718) 921-2268
East End Food Stamp Center, 165 East 126th Street, 3rd Floor, New York, NY 10035, (212) 722-2931 St.
Nicholas Food Stamp Center, 132 West 125th Street 5th Floor, New York, NY 10027 ,(212) 666-8686 Union
Square Food Stamp Center 109 East 16th Street, New York, NY 10003, (212) 835-7583
Monday through Friday: 9:00 a.m. to 6:00 p.m. Saturdays: 9:00 a.m. to 5:00 p.m. Washington Heights
Food Stamp Center ,4660 Broadway, New York, NY 10040 (212) 569-9833
Flushing Food Stamp Center, 32-20 Northern Boulevard, Long Island City, NY 11101,(718) 784-6315 Jamaica
Food Stamp Center,90-75 Sutphin Boulevard, Jamaica, NY 11435, (718) 523-1298/1090, Mon- Fri: 8:30 a.m. to
6:00 p.m.Sat: 9:00 a.m. to 5:00 p.m. Long Island City Food Stamp Center , 45-12 32nd
Place, Long Island City, NY 11101 (718) 752-4469 Far Rockaway Food Stamp Center, 520 Beach 20th Street,
Far Rockaway, NY 11691 (718) 337-6522
Staten Island Food Stamp Center , 444 St. Mark's Place, Staten Island, NY 10301, (718) 390-8423
Q: If I am eligible, when can I expect to receive Food Stamps?
A: You should receive food stamps thirty days after the date of application. Some needy individuals may be eligible for
"expedited food stamps" which should be provided within five days of your application date.
Q: What can I do if my application for Food Stamps is denied?
A: You can request a fair hearing by fax to (518) 473-6735 or mail a request letter to the Office of Temporary and
Disability Assistance, P.O. Box 1930, Albany, New York 12201-1930. If you fax the request, keep the confirmation
receipt. If you mail it, it is always a good idea (but not necessary) to mail it by certified mail with return receipt. You
have to request a hearing within 60 days of the date of the determination. The letter request should include your full
name, social security number, contact information and the reason you are requesting a hearing. You should also consider
reapplying for food stamps in the meantime because it can take a while to get a hearing scheduled.
Medicare Prescription Drug Benefit (Medicare Part D)
Q: When can I sign up for a Medicare Prescription Drug Plan?
A: You may enroll in a plan between November 15, 2005 and May 15, 2006. If you enroll by December 31, 2005, your
prescription drug coverage will begin on January 1, 2006. If you enroll after December 31, 2005, your prescription drug
coverage will begin on the first day of the month after the month in which you enroll.
If you have both Medicare AND Medicaid you will be automatically enrolled in a Medicare prescription drug plan in
October 2005. Your coverage will begin on January 1, 2006.
Q: How do I enroll in a Medicare prescription drug plan?
A: Once you decide which plan is best for you, there are several ways you may be able to apply. (1) You may contact
the company offering the plan and request a paper application. Mail or fax the completed application back to the
company. (2) If the company offering the plan permits online applications, you may apply through the company’s
website. (3) You may join a plan through Medicare’s online enrollment center at www.medicare.gov. (4) You may join
a plan by calling 1-800-MEDICARE (1-800-633-4227). If you are a TTY user, call 1-877-486-2048.
Q: IfI am on both Medicare and Medicaid, can I keep my Medicaid prescription drug coverage?
A: No. You will no longer receive prescription drug coverage through Medicaid. You will be automatically enrolled in
a Medicare prescription drug plan instead.
Q: Can I switch plans?
A: Between January 1, 2006 and May 15, 2006, you may switch plans only once. If you decide you want to switch
plans at any other time, you must wait for the next annual enrollment period.
If you are on both Medicaid and Medicare, or if you are in a Medicare Savings Program, you may switch plans up to
once per month.
Q: Can I get help paying for my Medicare prescription drug plan costs?
A: If you have limited income and limited resources, you may qualify for extra help paying for your prescription drug
plan costs.
Q: How do I apply for extra help?
A: If you are on Medicaid, SSI, or in a Medicare Savings Program, you will automatically receive extra help paying for
your plan. You do not need to apply.
Others must apply for extra help. You may apply online through the Social Security Administration website at

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www.socialsecurity.gov/prescriptionhelp or you may request a paper application by calling 1-800-772-1213 (TTY 1-
800-325-0778).
Q: What if my request for extra help is denied?
A: If the Social Security Administration denies you extra help, you may appeal that decision. You have 60 days from
the date you received SSA’s initial determination to request an appeal. Information on how to file an appeal should be
included with the initial determination. If you did not receive a form to fill out to request an appeal, call SSA 1-800-772-
1213 (TTY 1-800-325-0778) to request one.
Public Assistance
Q: How do I apply for public assistance (welfare)?
A: Call 311 to find out which welfare center covers your zip code. Go to the Center and ask the receptionist for an
application. If you do not have any income, you can ask for emergency assistance when you apply.
Q: If I am eligible, how long after I apply will it take for me to get public assistance?
A: The process has a number of steps, but you should receive a decision in writing 30-45 days after you have completed
the application process. If you have children in your household, you should receive benefits no more than 30 days from
the date you applied, but if you do not have children, it will take 45 days before you would start to receive benefits.
Q: What can I do if my application for public assistance is denied?
A: If you are denied, or your application has not been processed, you have a right to a fair hearing (see Fair Hearings
section, below). You can also reapply at anytime to get the clock started on your new application.
Supplemental Security Income (SSI) & Social Secuirty Disability (SSD)
Q: I was denied SSI and/or SSD benefits. How do I file an appeal?
A: You have approximately two months (65 days) from the date on a "Notice of Disapproved Claim" to file an appeal
called a "Request for Hearing by Administrative Law Judge". You file this appeal at your local Social Security office. If
you do not know the address of your local Social Security office, you can call 1-800-772-1213 or go to Social Security's
website: www.ssa.gov. You should file the Request for Hearing in person at the local Social Security office and obtain a
computer-generated receipt or a date-stamped copy as proof of your appeal.
Q: Does NYLAG represent clients in SSI and SSD cases?
A: NYLAG represents clients in SSI and SSD cases but we do not represent everyone who calls our office. For more
information, you can call our office during the intake hours of 9am to 3pm on Mondays, Wednesdays, and Thursdays.
You should call right after you file your Request for Hearing.
Q: Does NYLAG represent clients in SSD and SSI overpayment cases?
A: In general, NYLAG does not represent clients in SSD and SSI cases. However, if it is still within 60 days from the
date of your Notice of Overpayment, you can file a Request for Reconsideration to appeal the overpayment amount.
You can file the appeal at your local Social Security office and request a formal conference on the appeal form. In
addition, you can file for a "Waiver of Overpayment" at any time. To be eligible for a waiver, you must prove that the
overpayment was not your fault and that it would be a hardship for you to repay the money. To prove the overpayment
was not your fault, you must have documentary evidence that you reported your income to Social Security. To show the
overpayment is a hardship, you must show that you cannot pay your monthly food and shelter expenses if you have to
repay the overpayment
Unemployment Insurance Benefits
Q: How do I apply for Unemployment Insurance benefits?
A: To apply, you can call 1.888.209.8124 or file electronically by going to www.labor.state.ny.us and clicking on
"Unemployment insurance" for online applications. There are applications in Spanish and English.
Q: If I am eligible, when can I expect to receive my first unemployment insurance check?
A: It should take approximately 3 to 4 weeks after you apply to receive your first check. Remember you need to certify
for benefits each week by either going online or calling the claims line listed above, and if you fail to certify after the
first week that you receive benefits, your check may be delayed.
Q: What can I do if my unemployment insurance claim is denied?
A: You can request a fair hearing so long as you do so within 30 days of the date of the decision denying your benefits.
You can mail in your letter request to:
NY State Department of Labor, P.O. Box 15131 , Albany, New York 12212-5131
Make sure to include your Social Security number, and simply state the reason why you are challenging the decision.
You will get an acknowledgment notice indicating that the Department of Labor has received your request for a hearing
and then an additional follow-up notice with a time and date for your hearing. Most hearings are held at 110 King Street
in Manhattan, Matrimonial & Family Law Unit,
Child Support
Q: I need child support, but I am not married to the father of my child, what should I do?
A: If the father signed an acknowledgment of paternity which is typically done in the hospital right after the birth of
your child, it is as if you were married to him for the purpose of child support. You have the right to file a petition for

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child support in the Family Court in the borough where you live, and can ask for medical insurance, un-reimbursed
medical expenses and child care expenses in addition to basic child support. Without the acknowledgment, you must
first file a petition for paternity with the Family Court. The judge may order DNA testing before issuing the order of
filiation which establishes paternity. Once paternity is established, the non-custodial parent has the obligation to support
his/her child, as well as the right to ask for visitation/custody.
Q: I recently found out that I owe a lot of money in child support and my bank account was frozen and/or my driver's
license is being suspended, what should I do?
A: Go to Support Collection Unit Customer Service at 151 West Broadway (off Thomas Street) in Manhattan. Explain
your financial situation and try to make an arrangement about how to pay the money you owe. If you believe SCU made
a mistake in calculating the arrears, you need to file a petition for adjustment of arrears with the Family Court that
ordered the child support.
Divorce
Q: I was just served with a summons for divorce, what should I do?
A: You need to file a document called a Notice of Appearance. You need to file the Notice of Appearance within
twenty days of when you received the Summons. You should do this even if you plan on hiring a lawyer in the future or
if the twenty days have passed. You can get a copy of a Notice of Appearance from the Supreme Court Office of the
Self-Represented or from the court website at www.courts.state.ny.us/litigants/divorce. Fill out the form and send one
copy to the opposing party and his attorney, by certified mail, return receipt requested. Take two other copies to the
County Clerk in the Supreme Court where the divorce was filed. Take the Summons with you. Give the clerk the
second copy of the Notice of Appearance and the slips showing that you sent a copy of the document to the opposing
party and attorney. Ask the clerk to date stamp your copy and keep it for your records.
Q: My husband and I would like a divorce but don't have money to pay an attorney to do it for us, what should we do?
A: 1) If you and your spouse agree on the terms of your divorce:
The Supreme Court is the only court in the State which can grant a divorce. You may file for divorce by filing the
uncontested divorce package that is available in the Supreme Court of each borough for free as well as online at
www.courts.state.ny.us/litigants/divorce. The package comes with a booklet which explains in detail each form and how
to fill them out and file them with the court. If the income of the spouse who files for divorce is low, he/she may ask the
judge to waive the court fees which total $285.00. To do so, complete an Affidavit of Poor Person’s Status.
If you and your spouse do not agree on the issues arising out of the divorce and no one has
filed for divorce yet:
For a person whose divorce will not be contested, the services of an attorney are often necessary. If you cannot afford to
hire an attorney, you should call your local Bar Association for a referral. If you cannot obtain a lawyer for the divorce
and you will need to resolve other issues, such as custody/visitation, an order of protection, or child or spousal support,
then you may go to the Family Court where you live and file a petition for the relief without charge. (The Family Court
cannot grant a divorce.) If you are unable to afford an attorney, the Family Court may appoint one for you if the case is
about child custody or domestic violence. You are not entitled to a court appointed attorney in support cases. It may be
easier relief in the Family Court than in the Supreme Court if you are not eligible for a court appointed attorney. After
the Family Court resolves the issues related to divorce, then it may be easier to obtain a divorce in Supreme Court.
However, only the Supreme Court can, in addition to dissolving the marriage, distribute the marital assets and marital
debt and award occupancy of the marital residence.
Orders of Protection
Q: How can I obtain an Order of Protection?
A: Go to the Family Court in the borough in which you or the abuser live, or in the borough where the abuse occurred.
Go to the Petition Room and tell the clerk you need to file for an order of protection. Write down the first incident of
abuse, the most serious and the most recent incidents. Include any injuries you suffered. If you need help filling out the
petition or need help obtaining other services, like shelter, go to the Safe Horizon office in the Family Court.
Domestic Violence Clinical Center
Q: What is the Domestic Violence Clinical Center (DVCC)?
A: The Domestic Violence Clinical Center (DVCC) is an innovative program which offers law students the opportunity
to learn substantive and litigation skills while providing legal representation to battered women in Family Court.
Law students, acting under a student practice order and close supervision, represent domestic violence victims in Family
Court on family offense and limited custody and visitation proceedings. Students commence the case with the initial
interview of the client and proceed accordingly, from the drafting and filing of the appropriate legal documents through
the court hearings, and disposition of the matter. Students are offered an intensive seminar during which they are taught
family, matrimonial, immigration and criminal law as these issues relate to domestic violence. Students study the
integration of law and psychology specific to intimate violence and apply these skills in their representation of victims in
NYC Family Courts. Through the use of simulations, lecture and videotaping, students learn client interviewing, safety
planning, case preparation, evidence gathering, legal writing, trial advocacy and negotiation skills.

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Q: What is the time commitment?
A: The externship is year-long so as to maximize the students’ opportunity to fully service a client and to maintain
continuous representation of that client by one provider. Students may participate for two consecutive semesters, or one
semester and the summer. During the school year, the time commitment is approximately 15-20 hours per week.
Q: What qualifications do I need to apply to the DVCC?
A: You must have completed your first year of law school;
you must take Evidence or Family Law either as a prerequisite or concurrently;
you must have an interest in domestic violence or litigation and doing public interest law;
and can schedule at least 15-20 hours per week during the school semester.
Q: May I earn law school credit for the time I participate?
A: Most law schools will give you either externship or academic credit. Work-study is also available.
Q: How do I apply for a position in the DVCC?
A: Send a resume and cover letter stating why you are interested in participating in the DVCC to:
Kim Susser, New York Legal Assistance Group, 450 West 33rd Street, 11th Floor, New York, NY 10001 Fax:
212.613.5056, Email: ksusser@nylag.org
Immigrant Protection Unit
Q: What kinds of cases does Immigrant Protection Unit handle?
A: The Immigrant Protection Unit provides assistance to immigrants in a variety of immigration and public benefits
cases, including representing clients in political asylum claims, obtaining family-based and employment-based
immigrant and non-immigrant visas, assisting aliens in adjustment of status and naturalization procedures, rendering
legal services to victims of domestic violence on immigration law issues. The Unit also helps needy immigrants in
securing public benefits.
Asylum
Q: I was granted an asylee status. How can I bring my husband and child to the United States?
A: If you are an alien and granted an asylee status in the United States, you may apply for derivative asylee benefits for
your spouse and/or unmarried children under 21 years of age, whether they are in or outside the United States, within
two years of the date in which you were granted asylum status. The relationship between an asylee and his or her
relative must have existed on the date an alien was granted asylum in the United States and must continue to exist when
an asylee files Form I-730 (Refugee/Asylee Relative Petition) and when his or her child or spouse is admitted to the
United States. Therefore, you should file a separate derivative asylum application for your husband and your child to the
Nebraska Service Center within two years of the date of your asylum grant.
Citizenship/Naturalization
Q: I entered the United States as a refugee and then adjusted my status to that of a lawful permanent resident. When can
I apply for naturalization?
A: As a general rule, an alien can file an application for naturalization if he or she has been lawfully admitted for
permanent residence and has resided continuously as a lawful permanent resident in the U.S. for at least five years
(minus 90 days) prior to filing with no single absence from the United States of more than one year. As a refugee, you
are considered a lawful permanent resident on the date of entry into the United States, so the five year period starts
running from the date of entry into the United States.
Q: One of the requirements for naturalization involves understanding the meaning of the Oath of Allegiance. Is it
possible for someone who is suffering from Alzheimer’s disease or Dementia, and is unable to understand the meaning
of the Oath, to become a U.S. citizen?
A: Yes. On November 6, 2000, Public Law 106-448 was enacted. This law authorizes the Attorney General to waive
the oath requirement for any individual who has a developmental or physical disability or mental impairment that makes
him or her unable to understand, or communicate the understanding of the meaning of the oath. The Bureau of
Citizenship and Immigration Services (USCIS) has determined that in certain situations it is appropriate to permit a
designated representative to complete the naturalization examination on behalf of a qualified applicant, attesting orally
and through affidavits to the disabled applicant’s qualifications for naturalization. Such modified procedure allows
USCIS to obtain the most accurate information available regarding the applicant’s eligibility from those individuals who
are most familiar with the applicant’s life history and current impairment. The designated representative may be either a
legal guardian appointed by the court or, in the absence of a legal guardian, a spouse, parent, adult son or daughter, or
adult brother or sister, who is a U.S. citizen. If the designated representative is not the legal guardian, he or she must
have knowledge of the facts surrounding the applicant’s eligibility for naturalization. It is important to understand that
the oath waiver is designed for those applicants who are so severely disabled that they cannot, by any means, either
demonstrate the understanding of the oath or communicate that understanding to the USCIS officer.
Immigrant Benefits
Q: I received a notice from the Social Security Administration that my SSI benefits would be cut off because of the
expiration of the 7-year eligibility period. How do I know if this action is correct and, if it is not, what should I do?

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A: Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 as amended by the Balance
Budget Act of 1997, those aliens who were lawfully residing in the United States on August 22, 1996 are eligible to
receive SSI benefits if disabled. If you were lawfully residing in the United States on this date and have been receiving
SSI benefits based on disability, you are qualified to receive SSI benefits for as long as you are disabled. You have 60
days to file a request for reconsideration.
Permanent Residency (Green cards)
Q: How do I renew my green card?
A: If your green card has expired or will expire soon, you can renew it by submitting Form I-90 with a filing fee of $185
and a fingerprint fee of $70 to the following address:
U.S. Citizenship and Immigration Service, P.O. Box 54870, Los Angeles, CA 90054-0870
Please note that you should not include your initial evidence and supporting documentation when submitting the Form I-
90 to the Los Angeles Lockbox. When you receive a notice for biometrics processing appointment at the Application
Support Center (ASC), you will submit your initial evidence during that appointment.
Q: How do I replace a green card that has incorrect information on it?
A: If your green card was issued with incorrect information because of a USCIS error, mail an I-90 Form and supporting
documentation to the same Service Center or National Benefits Center that processed his green card application. You
will not have to pay any fees. In addition, you have to submit the original I-551 card containing incorrect information
and documentation that supports the requested correction.
VAWA Petitions
Q: I came to the United States and married a U.S. citizen, though my husband never filed any immigration papers to
legalize my status. Eventually, my husband became very abusive, and I filed for a divorce. Two months ago, our
marriage was terminated. However, is it true that I will not be able to file a self-petition under the Violence Against
Women Act since our marriage was terminated?
A: No. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within two years prior
to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within two years prior to
filing, by divorce related to the abuse.
Visas
Q: I am a lawful permanent resident with a steady income. Can I sponsor my parents to come to the United States?
A: No. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work
permanently in the United States. Only United States citizens are eligible to petition to bring their parents to live and
work permanently in the United States. For more information: http://uscis.gov/graphics/howdoi/parents.htm
Holocaust Compensation Assistance Project
Q: What is the purpose of the Holocaust Compensation Project's hotline?
A: Survivors and their advocates have many questions regarding the numerous compensation programs, each of which
has its own eligibility criteria, deadline and application. The trained individuals answering the hotline provide callers
with needed information.
Q: What is the hotline number and when can someone be reached?
A: The hotline number is (212) 688-0710 and a call can be placed at any time. If no one is available to immediately
answer the telephone, the caller can leave a message and we will return the call by the next day.
Q: What type of assistance is currently offered?
A: We help survivors apply for compensation from such programs as the Article 2 Fund and the Hardship Fund, and for
pensions from Germany for work that was done in ghettos. In addition, we appeal ghetto pension denials as well as
denials that survivors have received from, among other programs, the Swiss Banks Fund and ICHEIC (insurance claims).
Pro Bono & Volunteer Unit
Q: What are the backgrounds of people who volunteer at NYLAG?
A: NYLAG works with all types of volunteers. Practicing attorneys, retired attorneys, paralegals, college and high
school students and anyone who wants to help out is invited to volunteer with NYLAG.
Q: What type of work does a volunteer do?
A: This depends on the volunteer's interests and experience. Attorneys often take on case-handling responsibilities or
motion practice while those with no legal experience often provide research, legal support and perform administrative
responsibilities. Volunteers work in all our units including family law, benefits and entitlements, immigration and impact
litigation.
Q: What sort of commitment is expected from a volunteer?
A: Volunteers work out a schedule with their supervisors and the volunteer is expected to be at NYLAG at their
scheduled times. Most volunteers work two days per week. Volunteers are asked to work a certain amount of time
because of the time it takes to train the volunteer and the learning curve involved in volunteering.
Q: How is a volunteer given work?
A: Each volunteer is assigned a supervisor. Some volunteers work extremely closely with their supervisor to get

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assignments and to work on projects together. Other volunteers work independently and only report to their supervisor
when an assignment is finished. One of the goals of the volunteer unit is to offer the volunteer great flexibility in the
manner that they perform their work.
Q: How many volunteers work at NYLAG?
A: The numbers vary, but usually the number of volunteers exceeds the number of paid staff. Volunteers are the
cornerstone of our practice and thus we may have thirty to forty volunteers working at a time.
Q: Can a volunteer attorney receive CLE credit for working with NYLAG on a pro bono basis?
A: Yes. NYLAG is an accredited CLE provider and thus can award CLE credit to volunteers.
Q: Who does pro bono for NYLAG?
A: Attorneys from all types of firms as well as sole practitioners.
Q: What kind of cases does NYLAG offer pro bono counsel?
A: The range of pro bono opportunities available at NYLAG are as diverse as the services NYLAG provides and the
clients we serve. Some areas of law include: divorce and child custody, domestic violence, elder law and aging,
employment law, estate planning, family law, healthcare, immigration law, home care, Medicaid, Medicare, special
education, welfare and public assistance, wills, health care proxies, powers of attorney. NYLAG practices many
different areas of civil law. However, the cases we screen for pro bono attorneys are not restricted to those areas alone.
Additional cases available to private attorneys include tax, bankruptcy, real estate, adoption, trust and estate, Article 78,
guardianships and more.
Q: What kind of assistance does NYLAG offer its pro bono counsel?
A: NYLAG provides client screening, supervision including attending at appearances and strategy review, documents,
etc.
Q: Can an attorney receive pro bono credits for doing pro bono work with NYLAG?
A: An attorney can receive CLE credit for his/her pro bono work.
Q: Can pro bono attorneys receive training?
A: Yes. They can participate in live trainings as well as given access to written materials and tapes.
Q: What is the minimum wage in New York City?
A: As of January 1, 2007, the minimum wage in New York City is $7.15.
Q: I work more than 40 hours in a single week. Am I entitled to overtime compensation?
A: Generally, employees whose primary duties involve managing other employees or managing general business
operations, or who are professionals whose work requires an advanced degree, are not eligible for overtime. Most other
employees are entitled to be paid an overtime rate of time and a half their regular rate of pay for each hour worked over
40. Even if you receive a set salary or are paid a daily or weekly wage, you may be entitled to extra overtime
compensation.
Q: I am an undocumented worker. Am I still entitled to minimum wage and overtime pay? Am I protected from
discrimination?
A: Yes. Even undocumented workers have the right to be paid and to be free from discrimination and harassment. Even
if you are an undocumented worker, if you complain about wages, discrimination or other some other labor law
violations, it is illegal for your employer to retaliate against you.
Q: My employer owes me wages. What can I do?
A: If you think that your employer owes you wages, you can file a claim with the United States Department of Labor or
the New York State Department of Labor. Contact:
U.S. Department of Labor, Wage & Hour Division, 26 Federal Plaza, Rm. 3838, New York, NY 10278, (212) 264-8185
N.Y. State Department of Labor, Wage & Hour Division, 345 Hudson Street, New York, NY 10014, (212) 352-6700
If your claim is for less than $5000, you can also file a claim in Small Claims Court. Small claims courts are located in
every borough. Contact:
Manhattan (New York County) 111 Centre Street, New York, NY 10013, (212) 347-5779
Brooklyn (Kings County) 141 Livingston St., Brooklyn, NY 11201(718) 643-5069
Staten Island (Richmond County) 927 Castleton Ave.Staten Island, NY 10310, 718) 290-5416
Bronx (Bronx County), 851 Grand Concourse, Bronx, NY 10451, (718) 590-3000
Queens (Queens County), 120-55 Queens Blvd., Kew Gardens, NY 11424, (718) 520-4741
We recommend consulting with an attorney or NYLAG’s Justice at Work Project prior to deciding whether and where to
file.
Q: What is sexual harassment?
A: Sexual harassment is a form of employment discrimination. Sexual harassment may involve requests for sexual
favors, repeated sexual comments, exposure to sexual photographs, or other conditions that create an environment that is
hostile or threatening based on your sex.
Q: What should I do if I believe that I have been sexually harassed?
A: First, consider complaining to someone with power to make the harassment stop. If your office has a harassment

15
policy, you usually must follow that complaint procedure. If you do not follow your company’s policy, you may not be
able to sue for harassment later. If complaining does not fix the problem, you should consider filing a complaint with an
administrative agency or with the courts. See information below concerning discrimination issues.

Q: What are my rights if I am, or become, disabled?

A: Under federal law, a “disability” is a physical or mental impairment that substantially limits one or more major life
activities such as walking, breathing, seeing, or learning. Under state law, less serious conditions qualify as disabilities.
Conditions such as alcoholism, HIV status, and past drug addiction may qualify as disabilities.
If you are disabled, employers generally must reasonably accommodate your disability by, for example, changing your
work environment, providing equipment that can help you perform your job, or providing a different work schedule.
However, if an accommodation would place an undue burden on the employer, they do not need to make that
accommodation. If you can perform your job, but need some accommodation for your disability, you must ask your
employer for a reasonable accommodation. If your employer is not aware of your disability, or if you have not
requested an accommodation, it is much harder to prove disability discrimination.
Q: What rights must my employer give me to practice my religion?
A: Employers must provide reasonable accommodations to accommodate religious beliefs unless it would cause undue
hardship. An example of such an accommodation is allowing an employee to not work on the Sabbath or any holy day.
Q: Can an employer discriminate against me because of my criminal history?
A: In New York, most employers are not allowed to ask job applicants about arrests if those arrests did not result in
convictions. In addition, most employers may not refuse to hire someone, or discriminate against someone, because of
their criminal history unless the past conviction is directly related to the job applied for. For example, an employer
might consider whether an applicant to be a taxi driver was previously convicted of driving while intoxicated, but
probably may not consider if the applicant was once convicted of tax evasion. However, if you lie about your criminal
record, your employer can use that as a reason not to hire you.
Q: If I complain about discrimination, am I protected from retaliation?
A: Yes. You have the right to complain about discrimination. Even if the employer believes that your complaint lacks
merit, it is against the law for an employer to take negative action against you because you complained.
Q: Can my employer require me to speak only English on the job?
A: It depends. An employer can usually only prohibit employees from speaking other languages if the employer can
show that the rule is necessary to the business. Your employer must advise you when you can speak only English (for
example, whenever customers are present) and the consequences of breaking the rule.
Q: What can I do if I believe that I have been discriminated against?
A: If you believe that your employer has discriminated against you, you can file a charge with the U.S. Equal
Employment Opportunity Commission, the New York City Commission on Human Rights, or the New York State
Division of Human Rights. For more information contact:
U.S. Equal Employment Opportunity Commission 33 Whitehall Street,New York, NY 10004
(212) 336-3620
New York City Commission on Human Rights 40 Rector St., 10th Fl.New York, NY 10006
(212) 306-7450
New York State Division of Human Rights 20 Exchange Pl., New York, NY 10005
(212) 480-2522
We recommend consulting with an attorney or NYLAG’s Justice at Work Project prior to deciding whether and where to
file. Also, be sure to file any complaint soon after you believe you have been discriminated against. To complain to the
Equal Employment Opportunity Commission, you must complain with 180 days, or else you may not be able to win on
your claim of discrimination.
To reach a case handler, please call 212.613.5000, ext. 3.
General legal services and immigration issues, Mon, Wed, Thu 9:00 a.m. – 3:00 p.m.
Family or matrimonial issues (including domestic violence), Tue-Fri, 9:00 a.m. – 3:00 p.m.
Domestic Violence Emergencies: Call 911 or the New York City Domestic Violence Hotline at (800) 621-HOPE (4673),
TDD (800) 810-7444
Holocaust compensation issues, 212.688.0710 Mon- Fri, 9:00 a.m. – 5:00 p.m., 212.613.5000- “0” to leave a message.
NYLAG, 212.613.5017 , volunteer@nylag.org
LegalHealth: Things to Consider If You Have a Serious or Chronic Illness
Matrimonial & Family Law Unit Brochure
Total Life Choices: Will Your Health Care Choices Be Honored?
Legal Unit and Project Profiles, Special Education Unit LegalHealth Matrimonial Project NYLAG Pro Bono Special
Education Project, Total Life Choices Project

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