Advance Directive for Health Care Form - New York

Advance Directive for Health Care Form - New York

A New York Advance Directive is a crucial form that allows of-age individuals to have legal control over their medical treatment in the event when they are unable to speak for themselves. When a patient does not have their wishes about the kinds of medical treatment they do or do not want to receive specified, these decisions can be placed in the hands of family members, doctors, or even judges, who may know very little about what the patient prefers. You can download a ready-made version of the document below or make your own form with our form builder.

The document provides an efficient and flexible format for planning out future health care and gives patients the option of electing a trusted individual or health professional to oversee their care. There is a difference between a New York Advance Directive and a New York Living Will. The former are oral or written instructions about future medical care in case the individual becomes too ill to communicate. The latter is a specific type of directive that takes effect only when a patient is terminally ill.

To be legally sufficient in the state of New York, an Advance Directive must be signed before two (2) witnesses as per Public Health Law (PBH) § 2964.

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What Is a New York Advance Directive?

This is a document in which an individual states their preferences regarding health care procedures that become effective when they are no longer able to make decisions for themselves. The contents can be updated and changed as often as the individual wishes.

An Advance Directive for Health Care includes two parts in total:

  1. A Living Will - a specific type of Advance Directive which can also be used on its own - is a signed and witnessed document called a "declaration" or "directive" with instructions for an attending physician to withhold or withdraw certain medical interventions once the signer is no longer able to verbally make decisions about medical treatment.
  2. A Durable Power of Attorney for Health Care - otherwise known as a health care proxy - is a notarized document in which the signer designates an agent to make health-related decisions on their behalf.

How to Write an Advance Directive in New York?

  1. Decide on whether you want to include a Living Will in your Advance Health Care instructions.
  2. If you decided to include a Living Will be specific about such things as CPR, breathing machines, antibiotics, kidney dialysis, tube-feeding, and certain surgical procedures that you are willing to authorize.
  3. Discuss your decisions with your partner or spouse, your doctor, and your attorney.
  4. Elect a decision-maker - a health care proxy or agent. Choose someone you believe will be able to follow your wishes whatever those may be. This will help ensure that your wishes are carried out correctly and in full.
  5. Give a copy of the document to your health care proxy and ask for it to be kept in a safe place. Keep the original in an easy-to-find place. Do not lock it in a safe-deposit box or filing cabinet that only you can access.

Download Advance Directive for Health Care Form - New York

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