Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: New York calls this instrument health care proxy, agent. To execute it you need 2 witnesses — and the state requires Witnesses only — no notary path stated. Getting that conjunction wrong is the most common way a directive fails when it is needed. The witness step is not the only requirement: PHL §2981(2)(a) also requires the two adult witnesses to state that you appeared to execute the proxy willingly and free from duress.
The execution box
| What the state calls it | health care proxy, agent |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Also required | Under PHL §2981(2)(a) the two adult witnesses must also state that the principal appeared to execute the proxy willingly and free from duress. Under §2981(2-a) either or both witnesses may act by audio-video technology if the conditions in that subsection are met. |
| Who may NOT witness | The appointed agent cannot serve as a witness. |
| If you are in a care facility | In a mental hygiene (OMH) facility, at least one witness must be unaffiliated with the facility, and if a hospital, at least one witness must be a qualified psychiatrist or psychiatric nurse practitioner. In a developmental disabilities facility, at least one unaffiliated witness plus one qualified healthcare professional (physician, nurse practitioner, physician assistant, or clinical psychologist with relevant training/experience) is required. |
| Authority | N.Y. Pub. Health Law §2981 |
What the statute says
A competent adult may appoint a health care agent by a health care proxy, signed and dated by the adult in the presence of two adult witnesses who shall also sign the proxy. Another person may sign and date the health care proxy for the adult if the adult is unable to do so, at the adult’s direction and in the adult’s presence, and in the presence of two adult witnesses who shall sign the proxy. The witnesses shall state that the principal appeared to execute the proxy willingly and free from duress.
— N.Y. Pub. Health Law §2981
The form
The New York State Department of Health publishes a free proxy form with instructions: Health Care Proxy: Appointing Your Health Care Agent in New York State. Use it, or any document that meets the execution requirements in the box above.
New York health care proxy: what the state form says
The proxy is governed by Public Health Law article 29-C, cited in the table above. The lines below are complete sentences quoted from the New York State Department of Health’s own Health Care Proxy form and guide.
- Who may be your agent. “Anyone 18 years of age or older can be a health care agent.” (NY Department of Health, Health Care Proxy, publication 1430)
- Witnesses. “You don’t need a lawyer or a notary, just two adult witnesses.” (NY Department of Health publication 1430) “The person you are appointing as your agent or your alternate agent cannot sign as a witness on your Health Care Proxy form.” (NY Department of Health publication 1430)
- When it takes effect. “Your health care agent would begin to make health care decisions after your doctor decides that you are not able to make your own health care decisions.” (NY Department of Health publication 1430)
- How to revoke. “You may cancel the authority given to your agent by telling him or her or your health care provider orally or in writing.” (NY Department of Health publication 1430)
- Divorce. “If you choose your spouse as your health care agent or as your alternate, and you get divorced or legally separated, the appointment is automatically cancelled. However, if you would like your former spouse to remain your agent, you may note this on your current form and date it or complete a new form naming your former spouse.” (NY Department of Health publication 1430)
- Which form. “You can use the form printed here, but you don’t have to use this form.” (NY Department of Health publication 1430)
Source: New York State Department of Health, Health Care Proxy: Appointing Your Health Care Agent in New York State (publication 1430). These pages are general information; the section you rely on has exceptions.
A guided option for your health care proxy
The official New York proxy form is linked above. Prefer guided questions? Choose New York in LawDepot and select the option to appoint someone to make health care decisions. Review the document options and pricing before continuing.
This optional builder prepares the document. You still need to follow the signing requirements above.
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Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.