New York Health Care Proxy Checklist: Agent, Witnesses, and Medical Wishes
New York health care proxy checklist covering agent choice, two-witness signing, medical authority, artificial nutrition and hydration wishes, MOLST, and updates.
New York health care proxy checklist work starts with one question: who should make medical decisions if you cannot speak for yourself later? The document names that person and gives doctors a clear contact point.
For the deeper document guide, read New York Health Care Proxy.
What the Document Does
Public Health Law 2981 lets a competent adult appoint a health care agent by signing and dating a health care proxy in the presence of two adult witnesses.
The proxy must identify the principal and agent. It must also show that the principal intends the agent to make health care decisions on the principal's behalf.
A health care proxy is different from a financial power of attorney. The proxy covers medical choices. A financial power of attorney covers money, property, accounts, taxes, and other non-medical matters.
Signing Checklist
Before signing, check these items:
- The principal is a competent adult.
- The form names a health care agent.
- The form names an alternate agent if desired.
- The principal signs and dates the proxy.
- Two adult witnesses sign.
- The appointed agent does not act as a witness.
- Any treatment wishes are written clearly.
- Copies go to the agent, alternate agent, doctor, and records file.
Public Health Law 2981 also has extra witness rules for residents of certain mental hygiene and developmental-disability facilities.
Choosing the Agent
The agent should be someone who can speak with doctors, understand the principal's wishes, and handle pressure from family or care teams.
Talk through:
- Who should receive medical updates.
- What quality-of-life wishes matter.
- Religious or moral beliefs.
- Artificial nutrition and hydration wishes.
- Whether the agent can reach doctors quickly.
- Whether an alternate agent should be named.
Do not surprise the person after signing. Ask before naming the agent.
When Authority Starts
The agent does not take over right away. Public Health Law 2983 controls the capacity determination that starts agent authority.
Until then, the principal keeps the right to make medical decisions.
Public Health Law 2982 says the agent can receive medical information and records needed to make informed decisions once authority applies.
Artificial Nutrition and Hydration
New York has a special rule for artificial nutrition and hydration. Public Health Law 2982 says the agent does not have authority over those measures unless the principal's wishes are reasonably known or can be determined with reasonable diligence.
That means a short conversation may not be enough. Consider writing those wishes into the proxy or a related instruction so the agent and doctors have clearer direction.
Health Care Proxy and MOLST
The New York Department of Health describes MOLST as a medical order form for patients with serious health conditions.
MOLST is not the same as a health care proxy. The proxy names an agent. MOLST records medical orders after a clinical discussion and signature by a physician, nurse practitioner, or physician assistant.
Some people need both, but they serve different roles.
Update Checklist
Review the proxy after:
- Marriage.
- Divorce or legal separation.
- Death of an agent.
- Loss of contact with an agent.
- Major diagnosis.
- Move to a new care system.
- Change in treatment wishes.
Public Health Law 2985 lets a competent adult revoke a health care proxy orally, in writing, or by another act showing intent to revoke. Signing a later proxy revokes the earlier one.
FAQ
Does a New York health care proxy need a notary?
Public Health Law 2981 requires two adult witnesses. It does not require notarization.
Can the health care agent witness the proxy?
No. The person appointed as agent cannot serve as a witness.
Does a health care proxy cover finances?
No. Use a financial power of attorney for money and property decisions.
Can the agent see medical records?
Public Health Law 2982 gives the agent access to medical information and records needed for informed decisions.
Related Guides
- New York Health Care Proxy
- New York Power of Attorney
- New York Guardianship Planning
- New York Wills
- New York Estate Planning Documents
Sources:
- "Public Health Law Section 2981," New York State Senate, revision from March 28, 2025, https://www.nysenate.gov/legislation/laws/PBH/2981
- "Public Health Law Section 2982," New York State Senate, revision from March 28, 2025, https://www.nysenate.gov/legislation/laws/PBH/2982
- "Public Health Law Section 2983," New York State Senate, revision from March 28, 2025, https://www.nysenate.gov/legislation/laws/PBH/2983
- "Public Health Law Section 2985," New York State Senate, revision from March 28, 2025, https://www.nysenate.gov/legislation/laws/PBH/2985
- "Medical Orders for Life-Sustaining Treatment (MOLST)," New York State Department of Health, revised May 2025, https://healthweb-back.health.ny.gov/professionals/patients/patient_rights/molst/index.htm
This article gives general information about New York health care proxy planning. It is not legal advice.
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