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New York Advance Directive Form

A New York advance directive is a form that allows a principal to appoint a healthcare agent to make any and all healthcare decisions on their behalf. The principal may also include their preferences for healthcare and medical treatments on the form so as to direct the agent’s decision-making. The advance directive is extremely useful in the event of extreme and/or sudden illness or injury that results in mental incapacitation.

Signing Requirements (PBH § 2981) – Two (2) adult witnesses. Witnesses must not be employed at the healthcare facility where the principal is receiving treatment.

Statutory Form

Health Care Proxy

I [NAME] (name of principal) hereby appoint [NAME] (name, home address and telephone number of agent) as my health care agent to make any and all health care decisions for me, except to the extent I state otherwise. This health care proxy shall take effect in the event I become unable to make my own health care decisions.

NOTE: Although not necessary, and neither encouraged nor discouraged, you may wish to state instructions or wishes, and limit your agent’s authority. Unless your agent knows your wishes about artificial nutrition and hydration, your agent will not have authority to decide about artificial nutrition and hydration. If you choose to state instructions, wishes, or limits, please do so below:

[INSTRUCTIONS, WISHES, OR LIMITS]

I direct my agent to make health care decisions in accordance with my wishes and instructions as stated above or as otherwise known to him or her. I also direct my agent to abide by any limitations on his or her authority as stated above or as otherwise known to him or her.

In the event the person I appoint above is unable, unwilling or unavailable to act as my health care agent, I hereby appoint (name, home address and telephone number of alternate agent) as my health care agent.

I understand that, unless I revoke it, this proxy will remain in effect indefinitely or until the date or occurrence of the condition I have stated below:

This proxy shall expire:

Signature: _____________________________________________________________________

Address: [ADDRESS, STREET, CITY, STATE, ZIP CODE]

Date: [DAY] day of [MONTH], 20[XX]

I declare that the person who signed or asked another to sign this document is personally known to me and appears to be of sound mind and acting willingly and free from duress. He or she signed (or asked another to sign for him or her) this document in my presence and that person signed in my presence. I am not the person appointed as agent by this document.

Witness: ______________________________________________________________________

Address: [ADDRESS, STREET, CITY, STATE, ZIP CODE]

Witness: ______________________________________________________________________

Address: [ADDRESS, STREET, CITY, STATE, ZIP CODE]