The New York Advance Directive represents a binding written understanding of a person’s wishes regarding health care options should there be a situation where they cannot communicate their needs. The integration of three different forms helps to provide a comprehensive outline of a principal party’s requests in the event of possible physical or mental incapacitation. The health care proxy portion is intended to establish a confirmed agent to make decisions for the declarant if there comes a time where it is deemed necessary. The living will and MOLST portions of the agreement further create an integrated recognition of the principal individual’s preferences concerning possible scenarios, including pain management, life-sustaining treatment, or medical resuscitation. Fill out the paperwork accordingly and sign in the presence of two (2) witnesses to legitimatize the commitment.

Instructions/Information: Adobe PDF

This document contains the following sections:

Part I: Medical Power of Attorney (Health Care Proxy)
Part II: Living Will
Part III: Medical Orders for Life-Sustaining Treatment (MOLST)

Laws

Statutes – Consolidated Laws of New York – Chapter 45 – Article 29C – Health Care Agents and Proxies (§ 29C-2980 – 29C-2994)

Definition – “Advance directive” means a type of written or oral instruction relating to the provision of health care when an adult becomes incapacitated, including but not limited to a health care proxy, a consent to the issuance of an order not to resuscitate or other medical orders for life-sustaining treatment (MOLST) recorded in a patient’s/resident’s medical record, and a living will (10 CRR-NY § 400.21(1))

Signing Requirements – Two (2) acceptable witnesses must be on location at the moment of endorsement to confirm the execution of the agreement (§ 29C-2981.2).

Revocation – § 29C-2985