No one wants to think about being on a ventilator, unable to communicate, while family members argue about what you would have wanted. But that scenario happens in hospitals and ICUs every day.
Without a properly executed New York healthcare directive, the person making those decisions may not be the one you'd choose — and New York's default hierarchy may place your unmarried partner of 20 years last in line, or exclude them entirely.
A healthcare proxy gives your chosen agent legal authority. A living will gives them your instructions. Together, they ensure your values guide your care.
New York's Default Decision-Maker Order — Without Your Direction
- ✕Court-appointed guardian → spouse or domestic partner → adult children → parents → adult siblings
- ✕Your partner of 20 years, if unmarried, may be last in line — or excluded entirely. A healthcare proxy eliminates this uncertainty.
Your New York Healthcare Documents
Two Documents That Work Together
Healthcare Proxy
Who speaks for you
Authorizes your healthcare agent to make medical decisions on your behalf — consenting to or refusing treatment, choosing providers, and accessing medical records. Takes effect when your treating physician certifies you lack capacity.
Living Will
What you want
Expresses your values and preferences — about artificial life support, resuscitation, pain management, organ donation, and end-of-life care. Your agent uses it as a guide. Not legally required in NY, but strongly recommended.
The Path Forward
Four Steps to Protecting Your Healthcare Wishes
1
Consultation — Name Your Agent and Express Your Values
We discuss who you trust to make medical decisions, what values should guide those decisions, and what specific preferences you want documented. We do not rush this conversation.
2
Document Drafting — Healthcare Proxy and Living Will
We draft your New York Healthcare Proxy and Living Will — clear, legally executable documents that medical providers will respect. We coordinate language between the two documents.
3
Execution — Properly Witnessed
We coordinate signing before two adult witnesses who are not your healthcare agent — in compliance with New York's healthcare proxy requirements.
4
Distribution — Copies to Your Doctor and Agent
We advise you to give copies to your primary physician, your agent, and any relevant healthcare facility. Keep the original in a safe, accessible place — not a safety deposit box that no one can access in an emergency.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil drafts healthcare directives as part of every complete estate plan. He takes time to discuss your values before drafting — ensuring the document reflects your actual wishes, not a generic form.
View Full Profile → Common Questions About New York Healthcare Directives
What is a New York Healthcare Proxy?
A Healthcare Proxy is a legal document that designates a person — your healthcare agent — to make medical decisions on your behalf if you lack the capacity to do so. It takes effect only when your treating physician certifies that you lack decision-making capacity.
What is a living will in New York?
A living will documents your preferences about medical treatment — life support, resuscitation, artificial nutrition, organ donation. While not legally required in New York, it guides your healthcare agent and provides direction to medical providers.
What is a MOLST?
A MOLST (Medical Orders for Life-Sustaining Treatment) is a physician's medical order — not just a directive — that travels with you between healthcare facilities. It is appropriate for seriously ill patients who want their treatment preferences to be immediately actionable medical orders.
Who cannot be my healthcare agent in New York?
Your healthcare proxy must be signed before two adult witnesses who are not your healthcare agent. Doctors and other healthcare providers involved in your care generally cannot serve as witnesses.
Ready to document your healthcare wishes? Schedule your healthcare directives consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
