Health Care Proxies and Advance Directives: A New York Checklist

While a power of attorney covers your finances, your health care decisions need a separate set of documents. In New York, the health care proxy is authorized by Public Health Law (PHL) Article 29-C and is the central tool. Pair it with a living will and, when appropriate, a MOLST form. This checklist walks New Yorkers through each piece.

Step 1: Appoint a Health Care Agent

A New York health care proxy lets you name one trusted person, your health care agent, to make medical decisions if your doctor determines you lack capacity to do so yourself. Under PHL Article 29-C, the proxy requires only your signature and two adult witnesses; it does not need a notary. The form is short, but it is the difference between your chosen person speaking for you and a hospital deferring to a default decision-maker.

Step 2: Talk About Artificial Nutrition and Hydration

New York has a specific rule: your agent cannot make decisions about artificial nutrition and hydration unless your wishes on that subject are reasonably known. The practical step is to discuss your views with your agent and note them, so they have the authority to act if it ever matters.

Step 3: Add a Living Will

A living will is not a separate statutory form in New York, but New York courts recognize it as clear-and-convincing evidence of your wishes regarding life-sustaining treatment. It guides your agent and your doctors on what you would want, such as whether to continue a ventilator. Think of it as the instruction manual that backs up your proxy.

Step 4: Consider a MOLST Form

For New Yorkers with serious illness, the Medical Orders for Life-Sustaining Treatment (MOLST) form translates wishes into actual physician orders that emergency responders and hospitals must follow. Unlike a proxy, MOLST is a medical order signed by a clinician. It is most relevant when health is already fragile, not for routine planning.

Step 5: Name a Successor Agent

Your first choice may be unavailable in an emergency. Name an alternate agent on the proxy so decision-making does not stall. Avoid naming co-agents who must agree, which can create deadlock at the worst moment.

Step 6: Distribute and Update

A proxy locked in a drawer helps no one. Give copies to your agent, your primary physician, and any New York hospital where you receive care. Review the documents after major diagnoses, divorces, or moves, and re-sign if your chosen agent changes.

Putting It Together

The strongest New York plan combines a health care proxy (who decides), a living will (what you want), and, when illness is advanced, a MOLST (the medical order). Each plays a distinct role, and together they keep control in your hands.

Consult a New York attorney. The nutrition-and-hydration rule and the interplay of these documents under New York law deserve careful drafting. A licensed New York estate planning attorney can ensure your medical wishes will be respected.