New York Living Will PDF
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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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.
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 |
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.
New York Governing Laws
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.