All Laws Decoded

Living Wills and Advance Directives in New York

How to make a valid living will (advance directive) and medical power of attorney in New York, with the official form.

Short answer: New York uses a 'health care proxy' to appoint a health care agent. A competent adult signs and dates the proxy in the presence of two adult witnesses, who also sign and state that the adult appeared to act willingly and free from duress (if the adult cannot sign, another person may sign… N.Y. Pub. Health Law § 2981

Medical power of attorneyNew York uses a 'health care proxy' to appoint a health care agent. A competent adult signs and dates the proxy in the presence of two adult witnesses, who also sign and state that the adult appeared to act willingly and free from duress (if the adult cannot sign, another person may sign at their direction and in their presence). The agent cannot be a witness, and the proxy cannot be combined with a financial power of attorney on the same form. Remote witnessing by audio-video is allowed under conditions. Hospital operators, administrators and employees generally cannot be agents for that hospital's patients unless related. The agent's authority begins only after a determination that the person lacks capacity to make health care decisions. The statute includes a model form.
Extra witness rules apply for residents of mental hygiene and developmental disability facilities.

More New York estate law

FAQ

How do I make a medical power of attorney in New York?
New York uses a 'health care proxy' to appoint a health care agent. A competent adult signs and dates the proxy in the presence of two adult witnesses, who also sign and state that the adult appeared to act willingly and free from duress (if the adult cannot sign, another person may sign at their direction and in their presence). The agent cannot be a witness, and the proxy cannot be combined with a financial power of attorney on the same form. Remote witnessing by audio-video is allowed under conditions. Hospital operators, administrators and employees generally cannot be agents for that hospital's patients unless related. The agent's authority begins only after a determination that the person lacks capacity to make health care decisions. The statute includes a model form.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.