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 execution box
| What the state calls it | health care proxy, agent |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| 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
signed and dated by the adult in the presence of two adult witnesses who shall also sign the proxy
— N.Y. Pub. Health Law §2981
The form
We did not find an official state form. That does not mean none exists. A directive does not require a state form to be valid, provided it is executed as the statute requires.
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.