New York Living Will Requirements
Based on New York Public Health Law Article 29-C (§2980-2994)
Quick Summary
- Document type: Health Care Proxy / Living Will
- 2 witnesses required
- Notarization not required
Witness Requirements
New York requires 2 witnesses who are present when you sign your health care proxy / living will. Witnesses have the following restrictions:
Witness restrictions:
- The person appointed as health care agent cannot act as a witness
- The person appointed as alternate agent cannot act as a witness
- For persons in mental hygiene facilities, at least one witness must not be affiliated with the facility
When Your Living Will Takes Effect
Your New York living will becomes effective when the following conditions are met:
Terminal Illness
A condition expected to cause death within six months, regardless of treatment provided.
Persistent Vegetative State
New York does not specifically define persistent vegetative state in statute. Living wills should be as specific as possible to meet the "clear and convincing evidence" standard set by the Court of Appeals.
Irreversible Condition
A serious irreversible or incurable condition where life-sustaining treatment poses an unacceptable burden.
Important Notes for New York
- New York's primary advance directive is the Health Care Proxy (Public Health Law Article 29-C, §2980-2994)
- Living wills are recognized under common law, not by specific statute. There is no official state-mandated living will form
- Living wills must provide "clear and convincing evidence" of wishes to be enforceable — be as specific as possible
- New York strongly encourages use of the Health Care Proxy over (or in addition to) a living will
- Remote witnessing via audio-video technology is now permitted for health care proxies
- A hospital operator, administrator, or employee cannot be appointed as health care agent unless related by blood, marriage, or adoption
- A physician cannot be appointed as agent unless related to the principal
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.