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Taking control of one's medical care, especially towards the end of life, involves several important decisions, and the New York Living Will form provides a means to articulate these preferences clearly and legally. This document allows individuals to outline their wishes regarding life-sustaining treatments, resuscitation efforts, and other medical interventions in the case they become incapacitated and unable to communicate these preferences themselves. As a critical component of estate planning, the Living Will ensures that one's medical care aligns with their values and desires, minimizing the burden on family members during emotionally challenging times. It operates under New York State laws, which define the parameters within which these directives are applicable, and requires specific criteria to be met for it to be considered valid. In essence, the New York Living Will form empowers individuals by giving them a voice in their medical treatment, regardless of their ability to speak for themselves at the time.

Form Example

New York Living Will

This Living Will is designed in accordance with the New York Health Care Proxy Law (Article 29-C of the New York State Public Health Law) to document the wishes of the undersigned regarding medical treatment in circumstances where they are no longer able to express informed consent.

Individual Information

Full Name: ____________________________________

Date of Birth: _________________________________

Address: ______________________________________

City: ___________________ State: NY Zip: ________

Phone Number: ________________________________

Health Care Directives

I, ___________________ (the above-named individual), being of sound mind, hereby declare my wishes regarding my medical treatment, recognizing that my family, doctors, and hospitals are to follow these directives as I cannot participate in my health care decisions due to incapacity or mental disability.

In the event I am in a state that has been diagnosed as terminal by two independent physicians, where the application of life-sustaining treatment would only prolong the dying process, I direct that such treatment be withheld or withdrawn, and that I be permitted to die naturally. I express my wishes to receive palliative care to relieve pain and suffering and to ensure my comfort and dignity at the end of my life.

Specific Instructions:

  • Cardiopulmonary resuscitation (CPR): ______ (Initial if you do not want to receive CPR)
  • Artificial nutrition and hydration (feeding tube): ______ (Initial if you wish to refuse or discontinue treatment)
  • Mechanical ventilation (breathing machine): ______ (Initial if you wish to refuse or discontinue treatment)
  • Antibiotics: ______ (Initial if you wish to refuse or discontinue treatment)

Designation of Health Care Agent

I designate the following individual as my Health Care Agent to make any and all health care decisions for me, in accordance with my wishes and limitations stated in this document, when I cannot make decisions for myself.

Agent's Full Name: ____________________________________

Relationship to me: ___________________________________

Agent's Phone Number: __________________________________

Alternative Agent's Full Name: ___________________________

Relationship to me: _____________________________________

Alternative Agent's Phone Number: _________________________

Signature

This document represents my wishes as of this date and supersedes any prior directives. By signing below, I verify that I understand the purposes and effects of this document.

Date: ________________

Signature: ____________________________________

Witness Declaration

I declare that the individual who signed or acknowledged this document is personally known to me, that they signed or acknowledged this living will in my presence, and that they appear to be of sound mind and under no duress, fraud, or undue influence. I am not the individual’s attending physician, not related to the principal by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the individual’s estate upon their decease under a will now existing or by operation of law.

Witness 1 Signature: _______________________________ Date: ________________

Witness 2 Signature: _______________________________ Date: ________________

▼ PDF File

PDF Form Details

Fact Description
1. Purpose The New York Living Will is designed to allow individuals to state their wishes regarding medical treatment in advance, in case they become unable to make decisions for themselves.
2. Legal Name In New York, a Living Will is officially referred to as a "Health Care Directive".
3. Governing Law New York does not have a specific statute that governs the validity of Living Wills, but courts generally respect the wishes articulated in these documents under the principle of self-determination.
4. Requirements To be valid, a New York Living Will must be signed by the individual in the presence of two witnesses, neither of whom are the individual's health care provider or a potential beneficiary.
5. Scope of Decision Making An individual can make decisions regarding a variety of treatments including, but not limited to, artificial hydration, nutrition, ventilation, and DNR (Do Not Resuscitate) orders.
6. When It Becomes Effective A Living Will becomes effective when the individual is unable to communicate their health care decisions and is diagnosed with a terminal illness or condition, or is in a persistent vegetative state.
7. Role of Health Care Agent An individual may appoint a Health Care Proxy in addition to a Living Will to make decisions on their behalf. The Living Will provides guidance to the Health Care Proxy regarding the individual’s wishes.
8. Revocation The individual can revoke their Living Will at any time, in any manner that they can communicate their intent to revoke, regardless of their physical or mental condition.
9. Witness Restrictions Witnesses to a New York Living Will cannot be the appointed Health Care Proxy or alternate agent, related to the grantor by blood or marriage, beneficiaries of the grantor's estate, or directly involved in the provision of health care to the grantor at the time the directive is executed.
10. Legal Implications While New York courts generally uphold the wishes expressed in Living Wills, lacking a clear statute can sometimes lead to disputes among family members or between family members and health care providers.

How to Write New York Living Will

Completing a New York Living Will is a proactive step towards ensuring your health care preferences are respected and followed, should you become unable to communicate them yourself. This document allows you to outline your wishes regarding medical treatments and life-sustaining measures in advance. It's important to carefully consider your choices and discuss them with loved ones before proceeding. Below are the steps needed to fill out the New York Living Will form effectively.

  1. Begin by entering your full legal name at the top of the form. Make sure it exactly matches the name on your identification documents to avoid any potential confusion.
  2. Read through the entire document before writing anything. This will help you understand the scope of decisions you need to make.
  3. Under the section designated for health care instructions, clearly specify your wishes about receiving or not receiving life-sustaining treatments. Be as detailed as possible.
  4. If you have strong preferences about specific treatments such as artificial hydration, nutrition, ventilation, or others, clearly indicate your choices in the provided spaces.
  5. Appoint a health care agent by providing the name, relationship, and contact information of the person you trust to make health care decisions on your behalf if you're unable to do so.
  6. Discuss your decisions and the content of your Living Will with the person you have chosen as your health care agent. Ensure they understand and are willing to respect your wishes.
  7. Include any additional instructions or information you feel is important in the designated area. This might include your preferences regarding organ donation, funeral arrangements, or other end-of-life decisions.
  8. Review your entries to ensure accuracy and clarity. Your instructions should be understandable to anyone who might read them, including family members and healthcare providers.
  9. Sign and date the form in the presence of two witnesses who are not named as your health care agent or set to inherit anything from your estate. Their signatures will also be required to validate the document.
  10. Once completed, make copies of the signed document. Provide a copy to your health care agent, primary care physician, and any other relevant medical providers. Keep the original in a safe, easily accessible place, and inform loved ones where it is stored.

Following these steps will help ensure that your living will accurately reflects your medical treatment preferences and is legally recognized in New York. It's a responsible action that provides clarity and peace of mind for you and your loved ones during difficult times.

Get Answers on New York Living Will

What is a Living Will?

A Living Will is a legal document that outlines a person's wishes regarding medical treatment if they become incapable of communicating these preferences themselves due to a serious illness or incapacity. It becomes active only under these specific conditions and is a way to ensure that one's healthcare choices are respected and followed.

Who needs a New York Living Will?

Any adult residing in New York who wants to have control over their medical treatment in the event they can't make decisions for themselves should consider creating a Living Will. It's particularly important for those facing the possibility of degenerative conditions, undergoing major surgery, or wanting to specify their wishes to avoid family conflicts or uncertainty in difficult times.

How does one create a Living Will in New York?

To create a Living Will in New York, the person must draft a document that clearly states their healthcare preferences should they become incapacitated. This includes decisions about life-sustaining treatments, resuscitation, and other medical interventions. The Living Will should be signed in the presence of two witnesses, who also need to sign the document, confirming that the individual appears to be of sound mind and not under undue influence. However, consulting with a legal professional to ensure the document meets all New York legal requirements is highly recommended.

Is a lawyer required to create a Living Will in New York?

While it's not legally required to have a lawyer draft a Living Will in New York, consulting with one can be incredibly beneficial. A lawyer can help ensure that the document clearly states your wishes, offers advice on complex healthcare decisions, and certify that the Living Will complies with New York state laws. Given the document's importance, seeking professional legal advice is advisable to avoid any potential issues.

Can a Living Will be changed or revoked in New York?

Yes, a Living Will can be changed or revoked at any time by the person who created it, as long as they are mentally competent to make such decisions. To revoke or amend a Living Will, the individual can either create a new document that outlines the changes or expresses their intent to revoke it. If revoking, it's wise to inform any healthcare providers and facilities where the original document might have been submitted and destroy all copies of the old Living Will to prevent confusion.

Common mistakes

Many people, when filling out a New York Living Will, overlook the importance of being specific about their health care wishes. A common error is providing vague statements about the type of care they want or do not want at the end of life. Without clear instructions, health care providers may face challenges in respecting the individual's wishes, leading to decisions that might not align with what the person truly desired.

Another frequent mistake lies in not updating the living will. People's preferences regarding health care can evolve due to various factors such as changing health status, advances in medical treatment, or shifts in personal beliefs. However, if they do not regularly review and revise their living will, it may reflect outdated wishes, potentially resulting in medical interventions that they would have preferred to decline.

Some individuals also neglect to discuss their living will with family members or friends, assuming these loved ones will automatically know their preferences or be able to access the document when needed. This assumption can lead to confusion and conflict among family members during stressful times when clear direction is most needed. Involving loved ones in the process and sharing the content of the living will can ensure that everyone is aware of the person's wishes, facilitating easier decision-making.

Failure to properly witness or notarize the living will according to New York State requirements is another common oversight. This formality is crucial for the document to be legally binding. Without the correct witnessing or notarization, there could be disputes about the authenticity of the living will or its contents, which could delay important medical decisions.

Many individuals mistakenly believe that a living will is only for those with terminal illnesses or the elderly. This misconception leads younger or seemingly healthy people to postpone or ignore creating a living will. The reality is that unexpected medical situations can occur at any age, and having a living will in place ensures that one's healthcare preferences are known and can be followed, regardless of their current health status.

Lastly, a significant error is not appointing a healthcare proxy or not informing the appointed proxy about their role. A healthcare proxy is someone who can make health care decisions on the individual's behalf if they are unable to do so. Neglecting to choose a trusted individual for this responsibility or failing to communicate the appointment can result in no one having clear authority to make health care decisions in alignment with the person's wishes, complicating medical care in critical moments.

Documents used along the form

When preparing for the future, it's essential to consider all aspects of health and estate planning. The New York Living Will form is a crucial document that outlines a person's wishes regarding medical treatment in the event they are unable to make decisions for themselves. Alongside this important document, several other forms and documents are often used to ensure a comprehensive approach to planning. Here's a look at six key documents that frequently accompany a New York Living Will.

  • Health Care Proxy: This document allows an individual to appoint a trusted person to make healthcare decisions on their behalf if they become incapable of making these decisions themselves. It's an essential counterpart to a Living Will, covering decisions that the Living Will does not.
  • Durable Power of Attorney: Goes beyond health care decisions, allowing an appointed person to make financial and other legal decisions for the individual if they are unable to do so themselves. It ensures financial matters are handled according to the individual's wishes.
  • Do Not Resuscitate (DNR) Order: A medical order that tells health care providers not to perform CPR if the person's breathing stops or if the heart stops beating. It's important for those who wish to avoid life-extending measures in certain situations.
  • Will: Specifies how a person's assets and estate will be distributed after their demise. It complements a Living Will by covering aspects of estate planning that relate to after-death scenarios.
  • MOLST Form (Medical Orders for Life-Sustaining Treatment): For patients with serious health conditions, this form outlines specific medical treatments they wish to receive or avoid. It's much more detailed than a DNR and applies to various life-sustaining treatments.
  • Organ and Tissue Donation Form: Allows individuals to specify their wishes regarding organ and tissue donation after death. This document can ensure that one's wishes about donation are clearly communicated and followed.

A comprehensive estate plan often includes multiple documents to fully protect an individual's health care and financial wishes. By considering each of these documents in conjunction with a New York Living Will, individuals can rest assured that their preferences are known and can be followed by their loved ones and healthcare professionals. Taking the time to prepare these documents can provide peace of mind to both the individual and their family members.

Similar forms

A Health Care Proxy, in many aspects, mirrors the directives outlined in a New York Living Will. While the Living Will specifies your wishes concerning medical treatment in the event you can no longer express your desires, a Health Care Proxy appoints someone you trust to make health care decisions on your behalf. This designation covers a range of decisions from minor to life-sustaining treatments, providing a more personable approach to enacting your medical preferences.

Durable Power of Attorney (DPOA) for Health Care closely resembles a New York Living Will but with a broader scope. This legal document not only lets you outline your healthcare preferences but also empowers another individual, the agent, to make all sorts of health care decisions for you, in case you're incapacitated. The DPOA differs in its extensive applicability, covering situations beyond those typically anticipated in a Living Will.

The Medical Orders for Life-Sustaining Treatment (MOLST) form takes the concept of a Living Will a step further by translating personal choices about life-sustaining treatments into actual medical orders. This document is ideal for individuals with severe health conditions, allowing for immediate application of the patient's wishes by healthcare professionals, which distinguishes it from a more general Living Will that outlines wishes without creating direct medical orders.

An Advance Directive is often spoken of in the same breath as a Living Will, yet it encompasses a broader range of instructions. Essentially a combination of a Living Will and a Health Care Proxy, an Advance Directive specifies your health care preferences and designates an agent to make decisions on your behalf. Its comprehensive nature makes it a pivotal document for thorough end-of-life planning, integrating elements of both decision-making and preference specification found in a Living Will.

The Do Not Resuscitate (DNR) Order shares similarities with a Living Will, specifically in its directive regarding one type of medical intervention - cardiopulmonary resuscitation (CPR). A DNR is a physician's order that prevents the use of CPR in the event of cardiac or respiratory arrest. Unlike a Living Will, which can cover a range of treatments, a DNR is focused singularly on the absence of resuscitative efforts, aligning with a patient's wishes for end-of-life care.

A Five Wishes Document goes beyond the traditional scope of a Living Will by incorporating personal, emotional, and spiritual preferences alongside medical wishes. It acts as a comprehensive guide for loved ones and healthcare providers, detailing how you wish to be treated in the event you cannot make decisions for yourself. This document expands on the concepts found in a Living Will by addressing aspects of comfort care, dignity, and personal messages to loved ones, making it a holistic approach to end-of-life planning.

Last, the Organ Donor Designation, while not a directive about receiving care, aligns with a Living Will in its premise of making critical medical decisions in advance. By opting to become an organ donor, you're making a significant choice about what happens to your body posthumously, similar to how a Living Will specifies your preferences for life-sustaining treatments when you're not able to communicate them. This designation is crucial for those wanting to leave a legacy of life, illustrating the importance of pre-planning for various medical scenarios.

Dos and Don'ts

When filling out the New York Living Will form, it's important to approach the process carefully and thoughtfully. Here are guidelines to consider:

Things You Should Do:
  • Read the form thoroughly before you start filling it out to understand all the requirements and implications.
  • Consult with a healthcare professional to clarify any medical terms or treatment options you might not understand.
  • Speak with family members or loved ones about your decisions to ensure they are aware of your wishes.
  • Be as specific as possible in your instructions to avoid any ambiguity regarding your healthcare wishes.
  • Sign and date the form in the presence of two witnesses to validate the document.
  • Keep the original document in a safe but accessible place and provide copies to your healthcare proxy, close family members, and your doctor.
Things You Shouldn't Do:
  • Don’t rush through the process without fully understanding each section of the form.
  • Avoid using vague language that could be open to interpretation; be clear about your wishes.
  • Don't forget to update your living will if your health situation or wishes change over time.
  • Don’t neglect to tell anyone about the existence of your Living Will; communication is key.
  • Do not leave sections blank if they apply to you; ensure all relevant parts are completed.
  • Avoid signing the form without witnesses present, as their signatures are required to make the document legally binding.

Misconceptions

When it comes to preparing for the future, understanding the facts about legal documents like the New York Living Will is crucial. Misconceptions can lead to confusion and prevent individuals from making informed decisions about their healthcare wishes. Here are eight common misunderstandings about the New York Living Will form:

  • It's the same as a Last Will and Testament: Many people confuse a Living Will with a Last Will and Testament. However, they serve different purposes. A Living Will outlines your wishes for medical treatment if you become unable to communicate them yourself, while a Last Will and Testament deals with the distribution of your assets after your death.
  • It's legally binding as soon as it's signed: While signing the document is a critical step, a New York Living Will must also be witnessed by two individuals who are not beneficiaries or involved in your healthcare, to be considered legally valid.
  • You need an attorney to create one: While legal advice can be beneficial, especially in complex situations, New York State provides forms that individuals can complete on their own, without the necessity of hiring an attorney.
  • It covers all medical decisions: A Living Will generally covers only life-sustaining treatment decisions, such as the use of ventilators or feeding tubes. It does not encompass all medical decisions, which might also involve appointing a healthcare proxy to make broader healthcare decisions on your behalf.
  • Only older adults need a Living Will: Health crises can occur at any age, and having a Living Will ensures that your wishes are known and respected, regardless of your age.
  • It takes away control from family members: Rather than removing control, a Living Will provides clarity and guidance for your loved ones during difficult times, reducing the burden of making tough decisions without knowing your preferences.
  • It's too complicated to change: You can update or revoke your New York Living Will at any time, as long as you are mentally capable of making these decisions. It's a flexible document that you can adjust as your desires and circumstances change.
  • It goes into effect as soon as it's signed: A Living Will becomes relevant only when you are deemed unable to make healthcare decisions for yourself by a medical professional. Until then, you retain the right to make all your medical decisions.

Dispelling these common myths about the New York Living Will form is the first step toward ensuring that your healthcare wishes are clearly communicated and respected. Understanding and planning ahead can provide peace of mind for you and your loved ones.

Key takeaways

When preparing a New York Living Will, understanding the fundamentals can ensure that your healthcare wishes are clearly expressed and respected. This document is essential for anyone who wants to outline their preferences for medical care in situations where they can no longer communicate their decisions due to incapacity or terminal illness. Below are five key takeaways to guide you through filling out and using the New York Living Will form effectively.

  • Understand the purpose: A Living Will allows you to document your wishes concerning medical treatments, including life-sustaining measures, in advance. This can help your family and healthcare providers make decisions aligned with your values and preferences when you can't communicate them yourself.
  • Clearly state your wishes: Be as specific as possible about your healthcare preferences in the Living Will. This includes instructions on the use of artificial life support, feeding tubes, and other medical interventions. Ambiguity in your Living Will can lead to confusion or disputes among family members and healthcare providers.
  • Legal requirements: For a Living Will to be valid in New York, it must be signed by you, the declarant, in the presence of two witnesses. These witnesses must also sign the document, attesting that you were of sound mind and not under duress at the time of signing. Knowing and adhering to these legal requirements is crucial for the enforceability of your Living Will.
  • Keep it accessible: Once your Living Will is completed and signed, make sure it is easily accessible. Provide copies to your healthcare proxy, family members, and your primary physician. The effectiveness of your Living Will is dependent on your healthcare team being aware of it and being able to access it when necessary.
  • Review and update regularly: Your healthcare preferences may change over time due to new information, changes in your health, or alterations in your personal beliefs. It's important to review your Living Will periodically and make any necessary updates. Remember, a more recent document with your signature and witness verification will override any previous versions.

By keeping these key takeaways in mind, filling out and using your New York Living Will can be a straightforward process that ensures your healthcare wishes are respected and followed, providing peace of mind for you and your loved ones.

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