Quickly create your New York Health Care Directive and Living Will

You can complete FindLaw’s attorney-created health care directive and living will forms in less than an hour at home. Our guided process takes you through a few easy steps and includes a free HIPAA release form. You’ll be able to download, print and sign your documents in no time.

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Being part of a blended family
Caring for children with special needs
Establishing and maintaining trusts
…and any other concerns you have!

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Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.

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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.

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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”

Yes

Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.

Yes

Do you want to decide how your property is distributed when you pass away?

Yes

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:

What’s included:

Being part of a blended family
Caring for children with special needs
Establishing and maintaining trusts
…and any other concerns you have!

Estate Planning Package

For One Person

*Select your state

$135

What’s included:

Last will and testament
Health care directive & living will
Financial power of attorney
Free HIPAA release form
A comprehensive plan — for less
Free changes and revisions for one full year after purchase

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Financial Power of Attorney

For One Person

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$39

What’s included:

Try our easy step-by-step guide
Create your state-specific documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create a power of attorney that’s customized to your wishes and your state’s laws
Free changes and revisions to your document for a full year after purchase

*Select your state

Health Care Directive & Living Will

For One Person

*Select your state

$39

What’s included:

Try our easy step-by-step guide
Create your health care directive and living will before you buy
Only purchase if you are satisfied with your estate planning documents
Create a document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase

*Select your state

Last Will and Testament

For One Person

*Select your state

$79

What’s included:

Try our easy step-by-step guide
Create your documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create a last will and testament that’s customized to your wishes and your state’s laws
Free changes and revisions to your will for a full year after purchase

*Select your state

Estate Planning Package

For Two People

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$255

What’s included:

Two wills, health care directives & living wills, and financial powers of attorney
Two free HIPAA release forms
You and your loved one create your own estate plans tailored to your individual needs
Attorney-approved documents customized to your state’s laws
Free changes and revisions for one full year after purchase

*Select your state

Financial Power of Attorney

For Two People

*Select your state

$78

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws
Free changes and revisions to your document for a full year after purchase

*Select your state

Health Care Directive & Living Will

For Two People

*Select your state

$78

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy.
Only purchase if you are satisfied with your estate planning documents
Create an attorney-approved document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase

*Select your state

Last Will and Testament

For Two People

*Select your state

$149

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create two wills customized to your wishes and your state’s laws
Free changes and revisions to your wills for a full year after purchase

*Select your state

Health Care Directive & Living Will + Financial Power of Attorney

For One Person

*Select your state

$78

What’s included:

Try our easy step-by-step guide
Create your health care directive and living will before you buy
Only purchase if you are satisfied with your estate planning documents
Create a document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase
Create your state-specific documents before you buy
Create a power of attorney that’s customized to your wishes and your state’s laws

*Select your state

Last Will and Testament + Financial Power of Attorney

For One Person

*Select your state

$118

What’s included:

Try our easy step-by-step guide
Create your documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create a last will and testament that’s customized to your wishes and your state’s laws
Free changes and revisions to your will for a full year after purchase
Create your state-specific documents before you buy
Create a power of attorney that’s customized to your wishes and your state’s laws
Free changes and revisions to your document for a full year after purchase

*Select your state

Last Will and Testament + Health Care Directive & Living Will

For One Person

*Select your state

$118

What’s included:

Try our easy step-by-step guide
Create your documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create a last will and testament that’s customized to your wishes and your state’s laws
Free changes and revisions to your will for a full year after purchase
Create your health care directive and living will before you buy
Create a document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase

*Select your state

Health Care Directive & Living Will + Financial Power of Attorney

For Two People

*Select your state

$156

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy.
Only purchase if you are satisfied with your estate planning documents
Create an attorney-approved document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase
Create your state-specific, attorney-approved documents before you buy
Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws

*Select your state

Last Will and Testament + Financial Power of Attorney

For Two People

*Select your state

$227

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create two wills customized to your wishes and your state’s laws
Free changes and revisions to your wills for a full year after purchase
Create an attorney-approved power of attorney that’s customized to your wishes and your state’s laws
Free changes and revisions to your document for a full year after purchase

*Select your state

Last Will and Testament + Health Care Directive & Living Will

For Two People

*Select your state

$227

What’s included:

Try our easy step-by-step guide
Create your state-specific, attorney-approved documents before you buy
Only purchase if you are satisfied with your estate planning documents
Create two wills customized to your wishes and your state’s laws
Free changes and revisions to your wills for a full year after purchase
Create your state-specific, attorney-approved documents before you buy.
Create an attorney-approved document that’s customized to your wishes and your state’s laws
Free HIPAA release form
Free changes and revisions to your document for a full year after purchase

*Select your state

The benefits of having a New York Health Care Directive and Living Will

A health care directive and living will protects your autonomy. Also known as advance directives, these documents state your health care wishes and name a person to act in your place when you cannot. These documents prevent unwanted medical treatments and solidify the health care methods you desire, putting your fate in your hands.

FindLaw provides everything you need:

Learn about your options for a DIY health care directive and living will
Use the guided process to create a personalized health care directive and living will
Find out how to make your health care directive and living will valid
Find answers to common questions about health care directives and living wills

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

New York Health Care Directive and Living Will Options to Suit Your Needs

Health Care Directive & Living Will
For One Person

A do-it-yourself health care directive & living will that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A health care directive and living will tailored to your needs

Attorney-approved document compliant with your state’s laws

Free HIPAA release form

Free changes and revisions to your document for up to a full year after purchase

* Select your state:

BEST VALUE

Estate Planning Package
For one person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive & living will

Financial power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

* Select your state:

How It Works

Create your health care directive & living will in under an hour.

Answer Some Questions

Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.

Create an Account

Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.

Complete Your Document

Once you answer the relevant questions, we do the hard part and create your unique document.

Print, Sign & Make It Legal

Print and sign your document according to the instructions. Give a copy to your doctors and agent/proxy.

What’s Next To Make My New York Health Care Directive and Living Will Valid?

Follow these steps:

If you want to, sign a do not resuscitate order.

A do not resuscitate order is a legal document used for end-of-life planning. A terminal condition, severe car accident resulting in your being rendered unconscious, or a rapidly deteriorating medical condition may make you incapable of adequately expressing your wishes. By creating this document and planning ahead, you can relieve your family of the burden of making these tough decisions during a tragic time.

Decide what kind of care and treatment you will receive.

A living will or advance directive directs family members and health care professionals regarding emergency medical care. Among the types of care and life decisions a health care directive and living will covers are whether you want to receive:

Feeding tubes
Blood transfusions
Moving into a long-term care facility
Life-prolonging treatments
The use of mechanical respiration
The use of cardiac resuscitation
The use of mouth resuscitation
Palliative care
Hospice care

Choose your health care agent.

The health care agent, also known as a health care proxy, plays a vital role in advance care planning. Your health care decisions are made by this person based on what you have requested. The health care proxy form can be found on the NYS Department of Health website and allows you to name a primary and alternate agent.

Sign and notarize.

Sign your health care directive and living will in front of a witness and have it notarized.

You May Want to Speak With a Lawyer if:

Your family disagrees with your medical choices
You don’t know who to appoint as your agent
You have questions about life prolonging measures
You want legal review of your completed document

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New York Health Care Directive and Living Will FAQs

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How does advance care planning work?

“Advance care planning” refers to the process of stating your wishes in writing about end-of-life or life-sustaining care should you become incapable of making such decisions for yourself.

Every advance care plan should include a health care directive and living will. If you become unable to communicate, this document directs health care professionals regarding the treatment you wish to receive.

What are the legal requirements for a New York health care directive and living will to be valid?

State law does not require specific language before a health care directive and living will is deemed valid in New York. New York state law, however, specifies who can create a legally valid health care directive and living will and what wishes it may convey.

Any person 18 years of age or older may create a living will in New York. A health care directive and living will specifies the health care agent must be another adult. The health care agent is the person you’ve chosen to carry out the wishes stated in your living will. Your health care directive and living will must be:

In writing
Notarized
Observed by a witness in New York state

Neither the notary nor the witness may be named as the health care agent.

What happens if I do not name an agent?

Should you become incapacitated without a health care agent, the courts will appoint a surrogate to make medical decisions on your behalf under New York state law. Your wishes will be carried out by the surrogate if your wishes are known. If the surrogate is not aware of your desires, the decision will be based on what the surrogate believes is best for the patient. As a patient, what the surrogate believes is best for you medically and what you want to do might conflict. That is why it is best to express your desires before you become incapacitated.

How does a do not resuscitate order work?

Do-not-resuscitate orders (also called DNRs) are legal documents that confirm the patient does not wish to undergo cardiopulmonary resuscitation (CPR) or any other life-saving code and wishes to allow natural death to occur. DNRs are an integral part of advance care planning. With the help of this document, patient autonomy can be respected even if the patient cannot advocate for themselves.

New York state law requires medical facilities to follow the Medical Orders for Life-Sustaining Treatment statute (MOLST). Per MOLST, health care facilities must tell patients with severe medical conditions that they can refuse treatment if they choose. Patients who must be informed include:

Those who want to avoid or would like to receive any or all life-sustaining treatment.
Those who can reasonably be expected to die within one year.

Where should a health care directive and living will be kept?

It is wise for you to keep the original health care directive and living will in a safe and easily accessible location like a lockbox or a safe deposit box. But make copies to share with your health care agent, your medical provider, and loved ones.

Complex Family Situation? Need Additional Guidance?

Contact a local estate planning attorney.

Quickly create your New York Health Care Directive and Living Will

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