Living Will / Advance Directive in New York
Federal & State Law Editorial TeamLast reviewed: April 2026
New York Requirements
- Living wills are recognized under common law, not a specific statute
- Health Care Proxy must be signed by the principal and two witnesses
- Witnesses cannot include the appointed health care agent
- Clear and convincing evidence standard applies to honoring treatment wishes
- Health care agent can make all decisions the principal could make, unless limited in the proxy
Filing Location
No filing required; provide copies to healthcare providers
Filing Fee
None
Statute Reference
How to Complete This Form
- 1Consider your preferences regarding life-sustaining treatment, resuscitation, and palliative care.
- 2Obtain your state's statutory advance directive form if one is available.
- 3Specify your wishes regarding artificial nutrition, hydration, ventilator support, and other treatments.
- 4If your state offers a combined form, also designate a healthcare agent to make decisions on your behalf.
- 5Sign the document in the presence of the required witnesses and/or notary public.
- 6Provide copies to your healthcare agent, primary care physician, and hospital.
- 7Review and update the document periodically or after major health changes.
Download Form Template
Download a template for the Living Will / Advance Directive customized with New York-specific requirements and instructions.
Living Will / Advance Directive in Other States
Other Forms in New York
When to Talk to a Lawyer
- You have a complex medical condition and want to ensure your advance directive covers specific scenarios.
- You are concerned that family members may disagree about your end-of-life care preferences.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.