Free New York Advance Directive & Living Will
Build a complete New York advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with New York's correct signing requirements.
A free directive — not legal or medical advice.
This builds a New York advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as New York requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in New York, your agent cannot be PHL § 2981: a physician may not serve as a patient's health care agent if the physician is also the patient's attending physician (an operator/administrator/employee of certain facilities likewise restricted unless related). An agent must be a competent adult.
Your end-of-life wishes
New York has no living-will statute, so these become instructions to your agent.
Other wishes (optional)
Before you sign — New York notes
This directive has NO legal effect until you sign it. To make it valid in New York: Complete a Health Care Proxy and sign in the presence of two adult witnesses who also sign — no notary is required or accepted as a substitute. The named agent/alternate cannot witness; the attending physician cannot be the agent. New York has NO living-will statute, so end-of-life instructions ride along as written wishes within the proxy (common-law force under O'Connor / clear-and-convincing evidence). If no proxy, FHCDA § 2994-d names the surrogate (spouse/domestic partner > adult child > parent > sibling > close friend).
Witness rules: a witness must NOT be PHL § 2981: a competent adult appoints a health care agent by a Health Care Proxy signed and dated by the principal in the presence of two adult witnesses, who also sign and state the principal appeared to execute the proxy willingly and free from duress. NO notary is required (and is not an alternative — witnesses are mandatory). The person designated as agent (or alternate agent) may NOT act as a witness. Special rule: in a residential health care facility or mental hygiene facility, additional witness/signature requirements apply.
Your agent cannot be PHL § 2981: a physician may not serve as a patient's health care agent if the physician is also the patient's attending physician (an operator/administrator/employee of certain facilities likewise restricted unless related). An agent must be a competent adult.
New York has no living-will statute, so your end-of-life wishes are legally honored mainly through your health care agent. Choosing a trusted agent (above) is the most important step here.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], New York, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — MY END-OF-LIFE WISHES (GUIDANCE TO MY AGENT)
New York does not have a separate living-will statute, so the following are my instructions to my health care agent (above), who is to honor them as my clearly stated wishes:
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of New York and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], New York.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Advance Directive in New York
Complete a Health Care Proxy and sign in the presence of two adult witnesses who also sign — no notary is required or accepted as a substitute. The named agent/alternate cannot witness; the attending physician cannot be the agent. New York has NO living-will statute, so end-of-life instructions ride along as written wishes within the proxy (common-law force under O'Connor / clear-and-convincing evidence). If no proxy, FHCDA § 2994-d names the surrogate (spouse/domestic partner > adult child > parent > sibling > close friend).
New York requires 2 witnesses. A notary is not required. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your New York directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery. Important: New York does not have a living-will statute, so your end-of-life wishes are carried out through your health care agent rather than as an independently binding living will. That makes naming the right agent the most important decision here.
Who Can Be Your Agent and Witnesses in New York
Your agent: In New York, your health care agent cannot be PHL § 2981: a physician may not serve as a patient's health care agent if the physician is also the patient's attending physician (an operator/administrator/employee of certain facilities likewise restricted unless related). An agent must be a competent adult. Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In New York, a witness must NOT be PHL § 2981: a competent adult appoints a health care agent by a Health Care Proxy signed and dated by the principal in the presence of two adult witnesses, who also sign and state the principal appeared to execute the proxy willingly and free from duress. NO notary is required (and is not an alternative — witnesses are mandatory). The person designated as agent (or alternate agent) may NOT act as a witness. Special rule: in a residential health care facility or mental hygiene facility, additional witness/signature requirements apply.. Pick neutral adults.
Who Decides If You Have No Directive in New York?
If you have not named a health care agent, New York law decides who speaks for you: Family Health Care Decisions Act, PHL art. 29-CC, § 2994-d: if no agent under a proxy, a surrogate is chosen from the highest available class — (a) a Mental Hygiene Law art. 81 guardian authorized to decide health care; (b) the spouse (if not legally separated) or the domestic partner; (c) an adult son or daughter; (d) a parent; (e) an adult brother or sister; (f) a close friend. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in New York?
Yes, if you sign it correctly. New York requires 2 witnesses. The document this tool creates is a standard health care proxy (public health law art. 29-c). note: new york has no living-will statute — a living will is recognized only through common law (the westchester county / o'connor line of cases) and is best attached as written instructions within or alongside the health care proxy.; it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in New York?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one New York directive.
Does my New York directive need to be notarized?
No, New York does not require notarization; 2 witnesses is what makes it valid.
Who can witness my advance directive in New York?
Adults who are not PHL § 2981: a competent adult appoints a health care agent by a Health Care Proxy signed and dated by the principal in the presence of two adult witnesses, who also sign and state the principal appeared to execute the proxy willingly and free from duress. NO notary is required (and is not an alternative — witnesses are mandatory). The person designated as agent (or alternate agent) may NOT act as a witness. Special rule: in a residential health care facility or mental hygiene facility, additional witness/signature requirements apply..
What happens if I don't have an advance directive in New York?
New York decides who makes your medical decisions: Family Health Care Decisions Act, PHL art. 29-CC, § 2994-d: if no agent under a proxy, a surrogate is chosen from the highest available class — (a) a Mental Hygiene Law art. 81 guardian authorized to decide health care; (b) the spouse (if not legally separated) or the domestic partner; (c) an adult son or daughter; (d) a parent; (e) an adult brother or sister; (f) a close friend.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the New York requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a New York estate-planning attorney. RecordingLaw.com is not a law firm.
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