Pro Tips for Drafting a Top-Level NYS Health Care Proxy

Advance Health Care Directive Pro Tips for Drafting a Top-Level NYS Health Care Proxy

A Champion’s Guide to Getting a Flawless NYS Health Care Proxy

The primary purpose of a NYS health care proxy—also known as a medical power of attorney in some states—is to safeguard your future health care interests.

Can this document help you convey your medical care wishes to your physician, and how? What elements should it include? Who can be your health care agent, and what can they do? The answers to these questions are available in this all-in-one guide!

We also share some handy tips on creating a living will and other health care directives in a snap by subscribing to DoNotPay!


What Is a New York State Health Care Proxy?

A New York health care proxy is a part of the state-specific advance directive, along with the New York living will and Do Not Resuscitate (DNR) order. You can use it to designate another person to make health-related decisions on your behalf if you:

  1. Are:
    1. In a coma
    2. In a vegetative state
    3. Under anesthesia
  2. Have:
    1. Dementia
    2. Incurable illness
    3. Any other disease that left you incapacitated

To be effective, the document must be signed by the declarant—the person who transfers the decision-making powers—and two adult witnesses. It’s also crucial to realize the difference between a health care proxy and a regular power of attorney, as they are two separate documents.

What Can Your Health Care Agent in New York Decide About?

The agent you pick can make choices related to:

  • Medical personnel you should be treated by
  • Care facilities where you should reside if necessary
  • Treatments and interventions you should or shouldn’t undergo
  • Life support options, such as artificial nutrition and hydration or mechanical ventilation
  • End-of-life care, such as comfort/hospice care
  • Organ and tissue donation

Tips for Choosing a Health Care Agent in New York

In New York, you can name one primary and one alternate agent. The alternate agent will be responsible for carrying out your wishes if the primary one is unable or unwilling to do so.

You can transfer your rights to any person of legal age who you trust enough, including your parents, siblings, adult children, and friends.

What Sections Should You Include in Your New York Health Care Proxy?

The structure of a proper health care proxy in New York is fairly straightforward. It should contain the following provisions:

Part Details
Introductory section
  • Statement confirming the appointment of a primary agent
  • Your agent’s legal name, address, and contact details
Alternate agent
  • Name, home address, and phone number of your alternate agent
Instructions
  • Powers you convey to your primary agent
  • Additional instructions
  • Power limitations
  • Revoking clause
  • Organ and tissue donation clause
Witness statements
  • Your witnesses’:
    • Printed names
    • Signatures
    • Addresses
    • Dates of signature
Conclusion
  • Your printed name, signature, address, and the date of signing

When Does Your NY Health Care Proxy Come Into Effect?

Many people believe that a health care proxy becomes effective right after they sign it. It’s a misconception, as your health care agent can start making choices in your name only when you lose the ability to do it yourself.

No Time To Compose Your Advance Directive? Turn to DoNotPay

DoNotPay provides a special tool that can assist you in creating a health care proxy or any other type of advance directive without stress and hefty legal fees. All we need from you is a few essential details related to your health-associated preferences.

Here are the prompts you should follow to generate the desired document:

  1. Access DoNotPay and find the Advance Health Care Directive product
  2. Leave the names of your primary/alternate agent and witnesses
  3. Describe your health care preferences in as much detail as possible

Besides providing you with a customized document in less than five minutes, our app can help you get it notarized virtually by connecting you to a remote notary.

Would you like to know more about the content of a living will form or the nurses’ right to witness the signing of one? Does a spouse automatically have a medical power of attorney? Find out answers to these and other questions in our knowledge base!

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