New York Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in New York who cannot decide: an agent, a guardian, or New York's default surrogate order. Runs in your browser; nothing is stored.

New York law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in New York

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

New York's default surrogate order

  1. A guardian authorized to decide about health care under Mental Hygiene Law article 81
  2. Spouse (if not legally separated) or domestic partner (Spouse and domestic partner share one class)
  3. A son or daughter 18 or older
  4. A parent
  5. A brother or sister 18 or older
  6. A close friend (which can include another relative) who signs a statement (Must have kept regular contact and give the attending practitioner a signed statement)
What it covers
Applies only to decisions about care in a hospital, which the law defines as a general hospital, a nursing home (residential health care facility) or hospice, and to hospice decisions wherever made. It does not cover a doctor's office or home care.
If more than one person is in the same group
One person from the highest available class serves. That person may designate anyone else on the list unless someone in a higher class objects. No majority rule is stated.
If nobody on the list is available
If no surrogate is available, the attending practitioner may decide routine treatment; major treatment and life-sustaining decisions follow added review steps.
Who decides the person cannot decide
The attending practitioner makes the first determination; a second, concurring determination is required in some cases, such as nursing homes and life-sustaining decisions in hospitals.
Limits
  • A surrogate may refuse life-sustaining treatment only under set conditions, such as an illness expected to cause death within six months or permanent unconsciousness, confirmed by practitioners.
  • In a nursing home, some refusals of life-sustaining treatment need ethics review committee or court review.
  • The surrogate decides according to the patient's wishes, including religious and moral beliefs, or otherwise best interests.
  • Hospital staff and privileged clinicians cannot serve unless related to the patient or a close friend from before admission.
  • Patients with an intellectual or developmental disability who have an article 17-A guardian follow a separate statute (SCPA 1750-b).

Source: N.Y. Pub. Health Law 2994-d · Checked October 26, 2026

Less certain: This list was checked against New York's official site, but New York laws that might let family decide outside hospitals, nursing homes and hospice were not all read.

Next steps

Who decides in New York without a power of attorney?

New York's default surrogate law (N.Y. Pub. Health Law 2994-d) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if not legally separated) or domestic partner (spouse and domestic partner share one class).

New York's default surrogate law in full

New York's default surrogate order

  1. A guardian authorized to decide about health care under Mental Hygiene Law article 81
  2. Spouse (if not legally separated) or domestic partner (Spouse and domestic partner share one class)
  3. A son or daughter 18 or older
  4. A parent
  5. A brother or sister 18 or older
  6. A close friend (which can include another relative) who signs a statement (Must have kept regular contact and give the attending practitioner a signed statement)
What it covers
Applies only to decisions about care in a hospital, which the law defines as a general hospital, a nursing home (residential health care facility) or hospice, and to hospice decisions wherever made. It does not cover a doctor's office or home care.
If more than one person is in the same group
One person from the highest available class serves. That person may designate anyone else on the list unless someone in a higher class objects. No majority rule is stated.
If nobody on the list is available
If no surrogate is available, the attending practitioner may decide routine treatment; major treatment and life-sustaining decisions follow added review steps.
Who decides the person cannot decide
The attending practitioner makes the first determination; a second, concurring determination is required in some cases, such as nursing homes and life-sustaining decisions in hospitals.
Limits
  • A surrogate may refuse life-sustaining treatment only under set conditions, such as an illness expected to cause death within six months or permanent unconsciousness, confirmed by practitioners.
  • In a nursing home, some refusals of life-sustaining treatment need ethics review committee or court review.
  • The surrogate decides according to the patient's wishes, including religious and moral beliefs, or otherwise best interests.
  • Hospital staff and privileged clinicians cannot serve unless related to the patient or a close friend from before admission.
  • Patients with an intellectual or developmental disability who have an article 17-A guardian follow a separate statute (SCPA 1750-b).

Source: N.Y. Pub. Health Law 2994-d · Checked October 26, 2026

Less certain: This list was checked against New York's official site, but New York laws that might let family decide outside hospitals, nursing homes and hospice were not all read.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in New York if there is no power of attorney?

New York's default surrogate law (N.Y. Pub. Health Law 2994-d) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if not legally separated) or domestic partner (spouse and domestic partner share one class). The full order, tie rule and limits are in N.Y. Pub. Health Law 2994-d.

Does next of kin in New York have authority over money?

No default surrogate law covers money. In New York, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

New York law checked against the official text on October 26, 2026.

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