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Living Will Requirements in New York

New York has no living will statute; its statutory document is the health care proxy, which must be signed and dated in the presence of two adult witnesses who also sign.

Last checked . General information, not legal advice.

New York at a glance

Name of the document
Health Care Proxy
Witnesses
2 witnesses
Notarization
Optional

Sources

Last checked

The rules in New York

What is a living will called in New York?

In New York, the document is called the Health Care Proxy.

Does a living will need witnesses in New York?

New York requires two witnesses.

Does a living will need to be notarized in New York?

No. Notarization is optional in New York.

Where do the New York rules for living wills come from?

They come from N.Y. Public Health Law 2981. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.

How New York compares

New York is one of 25 jurisdictions that make notarization optional.

What this means in practice

Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.

Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.

Review the document after a major diagnosis, a move to another state or a change in your wishes.

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