New York Health Care Proxy: Essential Protection for Your Wishes

How to choose a trusted health care agent, complete the state form and start an important family conversation.

By Michelle LaGuerre

New York health care proxy planning allows an adult to name a trusted person to make medical decisions if the adult later loses the ability to decide or communicate. The document can help families avoid confusion during a serious illness, accident or decline in health. It is useful for adults of every age, not only older people.

What a New York health care proxy does

The person completing the form is the principal. The chosen decision-maker is the health care agent. The agent’s authority begins only after medical professionals determine that the principal lacks capacity to make health care decisions.

While the principal still has capacity, the principal remains in control. The form does not hand immediate authority to another person, and it can be revoked.

New York provides an official form and instructions through the Department of Health health care proxy page.

Choose the agent carefully

Select an adult who understands your values, can remain calm and is willing to ask questions. The best choice is not always the oldest child or closest relative. The agent may need to speak firmly with medical teams or family members.

Ask before naming the person. Discuss religious beliefs, acceptable quality of life, pain control, long-term ventilation, feeding tubes, dialysis, resuscitation and organ donation. The conversation is more important than simply filling in a name.

Name an alternate agent in case the first person is unavailable, unwilling or legally unable to serve.

How to complete the form

An adult age 18 or older can complete a proxy. New York’s standard form is signed in the presence of two adult witnesses, who also sign. The named agent should not serve as a witness.

Notarization is generally not required for the standard New York form. Special rules may apply for residents of certain mental health or developmental disability facilities and for people naming employees of those facilities.

Write clearly. Include the agent’s current address and phone numbers. If adding instructions, be specific enough to guide decisions without creating contradictions.

Talk about artificial nutrition and hydration

New York law gives the agent broad authority, but decisions about artificial nutrition and hydration require evidence that the agent knows the principal’s wishes. Discuss feeding tubes and intravenous fluids directly and consider writing instructions on the form.

A vague statement such as “do everything” can mean different things to different people. Explain what outcomes would make a treatment worthwhile and what burdens would be unacceptable.

A proxy is different from other documents

A living will records treatment wishes but does not appoint an agent. New York recognizes clear evidence of a person’s wishes, although the state does not have one required living-will form.

A power of attorney usually covers financial and legal matters, not health care decisions. A Medical Orders for Life-Sustaining Treatment form, known as MOLST, is a medical order for people with serious health conditions or near the end of life. It is completed with a health professional.

The New York MOLST page explains when that form may be appropriate.

Share the New York health care proxy

Give copies to the agent, alternate agent, primary care provider and important family members. Ask the medical office to place it in the record. Keep a copy where it can be found quickly, not only in a locked safe-deposit box.

Carry a wallet note identifying the agent and where the document is stored. If using a patient portal, ask whether the form can be uploaded.

Review it after major life changes

Review the form after marriage, divorce, separation, death of an agent, major diagnosis or change in beliefs. Confirm that phone numbers remain current and the agent is still willing.

A new valid proxy generally replaces an older one. Destroy outdated copies and tell everyone who received the previous version.

How to revoke or change the proxy

A person with capacity can revoke the proxy by telling the agent or health care provider, by acting in a way that shows an intent to revoke, or by completing a new form. Put changes in writing when possible so medical records are clear.

New York law may automatically revoke the appointment of a spouse after divorce or legal separation unless the document states otherwise. Review the form promptly whenever relationships change.

Do not wait for a hospital emergency

New York health care proxy conversations are easier at a kitchen table than in an intensive care unit. Choose a quiet time, explain that the goal is to reduce uncertainty and let family members ask questions.

People with complicated medical, family or legal situations may benefit from advice from a physician or New York attorney. A hospital patient representative or social worker may also help explain forms.

Make your wishes easier to honor

Download the official form, choose an agent and alternate, discuss values, sign with two qualified witnesses and distribute copies. Review it every year.

A completed New York health care proxy is a practical act of care for both the patient and family. Share this guide with adult relatives and encourage each person to make an independent choice.