NY · LVG-WILL · Updated July 2026 · Free
New York Living Will
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New York at a glance: Witnesses Required: 2 witnesses (minimum age 18) · Notary Required: No (cannot substitute for witnesses) · Governing Law: N.Y. Pub. Health Law § 2981
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Overview
Living Wills in New York
New York does not have a specific statutory living will form. Instead, New York courts recognize a combination of a Health Care Proxy (appointing an agent) and a written statement of medical wishes (a Living Will) as "clear and convincing evidence" of a patient's desires.
A New York Health Care Proxy must be signed by the declarant in the presence of two witnesses who are at least 18 years old (N.Y. Pub. Health Law § 2981). Notarization cannot substitute for witnesses.
Key Facts
New York Living Will — Quick Reference
| Requirement | New York Rule |
|---|---|
| Witnesses Required | 2 witnesses (minimum age 18) |
| Notary Required | No (cannot substitute for witnesses) |
| Governing Law | N.Y. Pub. Health Law § 2981 |
Legal Requirements
New York Legal Requirements
- Signed by the declarant in the presence of two adult witnesses.
- Witnesses cannot be the designated health care agent.
- Must state the declarant's wishes regarding artificial nutrition and hydration to be valid.
Governing Laws
New York Governing Laws
N.Y. Pub. Health Law § 2981
Appointment of Health Care Agent
Sets forth the requirements for executing a valid health care proxy in New York.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Living Will — Frequently Asked Questions
Is a separate living will valid in New York?
Yes. While New York has no statutory living will form, courts recognize a written living will as clear evidence of your medical wishes if it is signed in front of two witnesses.
What happens if my New York proxy does not mention tube feeding?
Under New York law, your healthcare agent cannot make decisions regarding artificial nutrition or hydration (tube feeding) unless your proxy or living will explicitly states your wishes or grants the agent authority.