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.

A competent adult may appoint a health care agent with a health care proxy, signed and dated in front of two adult witnesses, who also sign and state the person appeared to sign willingly. The agent cannot be a witness. No notary is required. Remote witnessing by audio-video is allowed under conditions. The statute provides a model form that may be used, and a health care proxy cannot be combined on the same form as a power of attorney. Extra witness rules apply to residents of certain mental hygiene facilities.

New York has a statutory form for a financial power of attorney: the "Power of Attorney New York Statutory Short Form" in General Obligations Law § 5-1513. The principal signs with a notary's acknowledgment and two witnesses, who cannot be named as agents or as permitted gift recipients; the agent can act only after signing an acknowledgment of appointment before a notary public. For health care, Public Health Law § 2981 provides an optional health care proxy form; the proxy must be signed and dated by the adult in the presence of two adult witnesses who also sign it, and the appointed agent cannot be a witness.