NY · MED-POA · Updated July 2026 · Free
New York Medical Power of Attorney
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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
Medical Powers of Attorney in New York
In New York, the document is called a **Health Care Proxy** (N.Y. Pub. Health Law § 2981).
It must be signed by the principal in the presence of two adult witnesses who are at least 18 years old. The appointed agent cannot sign as a witness. **Notarization is not recognized as a substitute for witnesses** under New York law; two witness signatures are always mandatory.
Key Facts
New York Medical Power of Attorney — 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
- Must be signed in the presence of two adult witnesses.
- Witnesses cannot be the designated health care agent.
Governing Laws
New York Governing Laws
N.Y. Pub. Health Law § 2981
Appointment of Health Care Agent
Governs the statutory creation, execution, and witnessing of health care proxies.
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 Medical Power of Attorney — Frequently Asked Questions
Does New York accept notarized medical proxies?
No. Under New York law, a health care proxy is invalid unless it is signed by two witnesses.
Who can serve as a proxy agent in New York?
Any adult over 18, except your treating physician (unless they are related to you).