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Health Care Power of Attorney Requirements in New York

In New York, a health care proxy must be signed and dated in the presence of two adult witnesses, who also sign; no notary is required and the person named as agent cannot be a witness.

Last checked . General information, not legal advice.

New York at a glance

Document name
Health care proxy
Witnesses
2 witnesses
Witnesses must be adults. Witnessing may be done by audio-video technology under conditions in PHL 2981(2-a).
Notary required
No
Who cannot witness
Agent
Residents of certain mental hygiene facilities need at least one witness not affiliated with the facility, plus a qualified clinician witness in some cases.

Sources

Last checked

The rules in New York

What is a health care power of attorney called in New York?

Document name in New York: Health care proxy.

How many witnesses does a health care power of attorney need in New York?

Witnesses in New York: 2 witnesses. Witnesses must be adults. Witnessing may be done by audio-video technology under conditions in PHL 2981(2-a).

Does a health care power of attorney have to be notarized in New York?

No. Notary required in New York: no.

Who cannot witness a health care power of attorney in New York?

Who cannot witness in New York: Agent. Residents of certain mental hygiene facilities need at least one witness not affiliated with the facility, plus a qualified clinician witness in some cases.

Where do the New York health care power of attorney requirements come from?

The rules above come from N.Y. Pub. Health Law 2981. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.