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New York Living Wills

Health Care Directives

Living Wills are sometimes called Health Care Directives or Medical Directives.  Under the federal Patient Self Determination Act (PSDA), you have the right to be informed about healthcare choices and make decisions on how you are to be treated including making these medical care decisions in advance.  You have a right to create a health care directive under the the New York State Health Care Agents and Proxies Act, Article 29C, section 2980.  You can create a valid Living Will that meet these criteria using LegacyWriter's online questionnaire.

New York Requirements

The following requirements must be met to make a Directive to Physicians (Living Will) in New York:

  • You must be an adult who has the capacity to make decisions.
  • There should be two qualified witness signatures with addresses.
  • New York does not require it be notarized.


A New York Directive (Living Will) allows you to appoint a "proxy".  A proxy is a person authorized to make a treatment decision for you in the event you become incompetent or incapable of communication. 

In the event you have not executed a Living Will nor a Health Care Proxy (Health Care Power of Attorney) your wishes may not be followed.  In New York it is extremely difficult to have you removed from artificial life-sustaining medical care without a Living Will or other proof of your medical care wishes.

Related LegacyWriter Information

New York Living Will Links

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