Quickly create your New York living will

You can complete FindLaw’s attorney-created 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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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.

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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!

Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.

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!

Are you looking to have your estate planning basics covered?

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.

Yes

Do you have a spouse with similar needs?

Yes

Do you have minor children?

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

Yes

Do you have pets?

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

Yes

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 up to one year after purchase

*Select your state

Financial Power of Attorney

For one person

*Select your state

$39

What’s included:

Step-by-step guided process
A financial power of attorney that’s tailored to your needs
Attorney-approved document compliant with your state’s laws
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Health Care Directive & Living Will

For One Person

*Select your state

$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

Last Will and Testament

For One Person

*Select your state

$79

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Estate Planning Package

For two people

*Select your state

$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 up to one year after purchase

*Select your state

Financial Power of Attorney

For two people

*Select your state

$78

What’s included:

Step-by-step guided process
A financial power of attorney that’s tailored to your needs
Attorney-approved document compliant with your state’s laws
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Health Care Directive & Living Will

For Two People

*Select your state

$78

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

Last Will and Testament

For Two People

*Select your state

$149

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one 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:

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
A financial power of attorney that’s tailored to your needs
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Last Will and Testament + Financial Power of Attorney

For one person

*Select your state

$118

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A financial power of attorney that’s tailored to your needs

*Select your state

Last Will and Testament + Health Care Directive & Living Will

For One Person

*Select your state

$118

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A health care directive and living will tailored to your needs
Free HIPAA release form
Free changes and revisions to your document for up to 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:

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
A financial power of attorney that’s tailored to your needs
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Last Will and Testament + Financial Power of Attorney

For two people

*Select your state

$227

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A financial power of attorney that’s tailored to your needs

*Select your state

Last Will and Testament + Health Care Directive & Living Will

For Two People

*Select your state

$227

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A health care directive and living will tailored to your needs
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase

*Select your state

The benefits of having a New York living will

A 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 living will
Use the guided process to create a personalized living will
Find out how to make your living will valid
Find answers to common questions about living wills

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

New York living will options to suit your needs

Living Will
For One Person

A do-it-yourself living will that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A 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

Living will

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 living will in under an hour

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Decide who will be your health care agent/proxy, which treatments you would request or refuse and release your records

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Print and sign your document according to instructions. Give copies to your doctors and agent/proxy

What’s next to make my New York 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

An advance directive, also called a living will, directs family members and health care professionals regarding emergency medical care. Among the types of care and life decisions a 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 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

Find a local estate planning lawyer

Ready to start your New York living will?

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New York living will commonly asked questions

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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 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 living will to be valid?

State law does not require specific language before a living will is deemed valid in New York. New York state law, however, specifies who can create a legally valid 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 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 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 living will be kept?

It is wise for you to keep the original 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 living will

Find the estate planning form that’s right for you

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Living Will
For One Person

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