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A New York living will, also known as an advance directive, is a legal document that you complete in order to explain your wishes related to medical care. Some of the reasons you may need this document include being diagnosed with an incurable illness or injury, terminal condition, brain damage, or being in a vegetative state in which there is no reasonable expectation of recovery. A New York living will is consulted by healthcare providers if you are not able to make your own medical decisions. You can include your wishes related to artificial nutrition, mechanical respiration, life-sustaining treatment measures, blood transfusion wishes, do not resuscitate orders, and other health care wishes that outline your own health care decisions and specific instructions so that your close friend or family members can better understand your desires whether you are in hospice care, in a nursing home, or in a hospital.
A living will is also used in the State of New York to name an agent (who may be known as a New York health care proxy) and alternate agent to make decisions on your behalf. This person must complete a health care proxy form. New York state has specific laws about who can and cannot act as your agent. A New York living will must be signed in front of two witnesses. Your witnesses cannot be under 18, named as your agent or alternate agent, or be the person who signs on your behalf if you are unable to sign your own name.
The purpose of a living will is to explain your wishes if you are in a physical condition that does not allow you to express your wishes. It includes plain phrases such as "I do not want antibiotics" and "I do not want cardiac resuscitation" if that is, indeed, what you do not want. It helps make your wishes known to your loved ones. However, this document is not the same as a power of attorney or durable power of attorney as these documents do not allow an agent to make end-of-life decisions.
§ 2994-A through § 2994-U: The attending physician must take reasonable steps to ensure that the person who states they are the healthcare agent is actually named as such in the document. If the patient has a court-appointed guardian, the court-appointed guardian may be the individual who also acts as the healthcare agent.
A New York living will, more commonly referred to as an advance healthcare directive, only allows you to document your future wishes related to healthcare. For all other wishes, use a New York last will and testament.
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