New York Health Care Proxy
New York health care proxy guide covering agent selection, signing rules, agent authority, artificial nutrition and hydration, MOLST, and revocation.
A New York Health Care Proxy lets a competent adult name an agent to make health care decisions if that adult cannot make those decisions later.
It is different from a financial power of attorney. A Health Care Proxy covers medical decisions. A financial power of attorney covers money, property, accounts, taxes, and other non-medical matters.
Quick Snapshot
| Topic | New York rule |
|---|---|
| Main statute | Public Health Law Article 29-C |
| Who can make one | A competent adult |
| Witnesses | Two adult witnesses |
| Notary | Not required by Public Health Law 2981 |
| Agent as witness | Not allowed |
| When agent authority starts | When capacity is determined under Public Health Law 2983 |
| Medical records | Agent can receive records needed for informed decisions |
What the Health Care Proxy 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.
The proxy can include wishes, instructions, and limits on the agent's authority. It can also name an alternate agent.
Signing Rules
The principal signs and dates the proxy in the presence of two adult witnesses. If the principal cannot sign, another person can sign and date it at the principal's direction and in the principal's presence.
The witnesses sign the proxy and state that the principal appeared to execute it willingly and free from duress. The appointed agent cannot serve as a witness.
Public Health Law 2981 also includes extra witness rules for residents of certain mental hygiene and developmental-disability facilities.
Remote Witnessing
Public Health Law 2981 allows audio-video witnessing when the statute's conditions are met.
Those conditions include direct interaction during the conference, identity display if the principal is not known to the remote witness, delivery of a legible copy to the remote witness within twenty-four hours, and return of the signed witness copy.
When the Agent Can Decide
The agent's authority begins when the attending practitioner determines that the principal lacks capacity to make health care decisions under Public Health Law 2983.
Until that point, the principal keeps the right to make medical decisions.
What the Agent Can Do
Public Health Law 2982 says the agent can make any health care decision the principal could make, subject to the proxy and New York law.
The agent must follow the principal's wishes, including religious and moral beliefs. If the agent cannot reasonably know those wishes, the agent must act in the principal's best interests.
The agent can receive medical information and records needed to make informed decisions.
Artificial Nutrition and Hydration
New York has a separate 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.
The proxy form can state those wishes directly. People often discuss this topic with their chosen agent and medical provider before signing.
Who Should Not Serve
Public Health Law 2981 limits some appointments.
An operator, administrator, or employee of a hospital generally cannot be appointed by a current or prospective patient or resident of that hospital unless an exception applies.
If a physician, physician assistant, or nurse practitioner is appointed as agent, that clinician generally cannot act as the attending practitioner after proxy authority begins unless the clinician declines the agent appointment.
Health Care Proxy vs. Living Will
New York's main appointment document is the Health Care Proxy. It names the person who can decide.
A living-will-style instruction records treatment wishes. It can guide the agent, doctors, and family, but it does not replace the value of naming an agent.
Many people use both ideas in one plan: name the agent and write treatment wishes clearly enough that the agent has direction. A broader estate plan may also include a financial power of attorney and a will.
Health Care Proxy vs. MOLST
MOLST stands for Medical Orders for Life-Sustaining Treatment. New York Department of Health guidance describes MOLST as a medical order form for patients with serious health conditions.
MOLST is not a do-it-yourself estate-planning document. A physician, nurse practitioner, or physician assistant signs orders after a clinical discussion with the patient, health care agent, or surrogate when appropriate.
Revocation
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 health care proxy revokes the prior one. Divorce or legal separation also revokes a spouse-agent appointment unless the proxy says otherwise.
Give updated copies to the agent, alternate agent, doctors, and hospital systems that may have the old version.
Common Mistakes
- Naming an agent but never telling that person.
- Letting the appointed agent serve as a witness.
- Leaving artificial nutrition and hydration wishes unclear.
- Assuming a financial power of attorney covers medical choices.
- Forgetting to update the proxy after divorce, separation, death, or loss of contact.
- Keeping the only signed copy where doctors cannot find it.
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. Public Health Law 2981 says the person appointed as agent cannot act as a witness.
When does the agent's authority begin?
The agent's authority begins after a capacity determination under Public Health Law 2983.
Can the agent see medical records?
Yes. Public Health Law 2982 gives the agent the right to receive medical information and records needed to make informed decisions.
Does a Health Care Proxy cover finances?
No. Use a financial power of attorney for money and property decisions.
Related Guides
- New York Power of Attorney
- New York Wills
- New York Intestate Succession
- New York Probate Guide
- New York Probate Timeline
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
- "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 guide gives general information about New York health care proxies. It is not legal advice.
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