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

How to Complete This Form

  1. 1Consider your preferences regarding life-sustaining treatment, resuscitation, and palliative care.
  2. 2Obtain your state's statutory advance directive form if one is available.
  3. 3Specify your wishes regarding artificial nutrition, hydration, ventilator support, and other treatments.
  4. 4If your state offers a combined form, also designate a healthcare agent to make decisions on your behalf.
  5. 5Sign the document in the presence of the required witnesses and/or notary public.
  6. 6Provide copies to your healthcare agent, primary care physician, and hospital.
  7. 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.