Free New York Medical Power of Attorney Forms

New York Medical Power of Attorney Laws

Here are some relevant medical power of attorney laws in New York:

Appointment of health care agent

If you cannot make decisions for yourself or have become incompetent, New York law enables you to name a competent adult to make decisions regarding your medical care. You can grant your healthcare agent permission to act on your behalf and as much or as little authority as you choose to decide on all or some medical treatments. (Section 2981, Article 29-C of the PBH)

Rights and duties of the appointed healthcare agent

The principal's best interests, including moral and religious convictions, must be considered when making decisions about their medical care. Following this article, the agent’s decisions about healthcare on a principal's behalf will be given precedence over those made by anybody else unless expressly stated under New York laws. (Section 2982, Article 29-C of the PBH)

Obligations of the health care provider

A healthcare provider should comply with decisions made by an agent acting in good faith under a proxy to the same extent as if the principal had made such decisions. (Section 2984, Article 29-C)

Healthcare costs

The cost of health care delivered following an agent's choice is subject to the same liability as if the principal had made the decision. (Section 2987, Article 29-C)

Signing Requirements in New York

Your medical POA must be signed, dated, and notarized in the presence of two witnesses. Your notary public may act as one of your witnesses in New York.

You must be at least 18 years of age and have the mental capacity to understand the nature and effects of creating and signing a POA. Use a legible typeface for the document.

Your POA should be signed and dated by the appointed agent. Have their signature notarized if you're drafting a New York statutory power of attorney. (Section 5-1501B, Article 24-A of the GOB)

How To Write a Medical POA in New York

1. Choose a person to represent you

Make sure this person is willing to act as your agent by speaking with them in advance. Before acting, your agent must also sign your POA.

2. Determine the power you wish to give your agent

Decide which medical decisions you would like them to handle on your behalf. Discuss as many specific details as possible well in advance so your agent will be able to make informed decisions in the future,

3. Obtain a medical POA form

Residents of the state of New York may use the statutory short form of power of attorney and the healthcare proxy form. Another choice is to create your free, durable POA or living will using a printable template form available online.

4. Fill out the form, then sign it

Your New York medical POA must be notarized and witnessed. Your agent and those who stand to inherit from you upon your passing cannot serve as your witnesses.

5. Be prepared for future scenarios

If your situation changes, amend your POA to reflect the new circumstances. You should also review the document every three to five years to ensure that any developments are covered. All parties who have your old POA should receive an updated copy if you change the terms in the document.