{"id":375290,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-living-wills-laws.html"},"modified":"2026-06-22T12:09:31","modified_gmt":"2026-06-22T17:09:31","slug":"new-york-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-living-wills-laws.html","title":{"rendered":"New York Law on Living Wills"},"content":{"rendered":"\n
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New York Law on Living Wills<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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New York<\/span> living will<\/span> laws cover an individual\u2019s specific choices regarding medical treatments<\/span> and end-of-life<\/span> care<\/span>. The laws govern who can make a living will<\/span>, how to make one, and what it can address.<\/p>\n\n <\/div>\n\n\n\n

A living will<\/span> is a legal document<\/span> that you can use to express your wishes about your medical treatment<\/span> or end-of-life<\/span> care<\/span> if you become incapacitated. It is one of the primary advance directive<\/span> documents used for incapacity planning. It\u2019s often paired with a healthcare proxy<\/span>, which allows you to appoint a trusted person to make your healthcare decisions<\/span> if you are unable to. Together, these two important documents can provide your family members<\/span> and loved ones<\/span> with clarity and direction during an uncertain time in their lives.<\/p>\n

While planning for your incapacity may be uncomfortable, its value can be immeasurable. By providing clarity and direction, incapacity planning can prevent delayed treatment decisions and avoid court involvement in your healthcare decisions<\/span>. It can also help prevent family conflict. This article explores incapacity planning, the legal requirements for a living will<\/span>, how to revoke or amend one, and how to create\u00a0a new one.<\/p>\n

Distinguishing Wills, Living Wills<\/span>, and Living Trusts<\/h2>\n

Estate planning<\/span> terminology can be confusing. The words \u201cliving\u201d and \u201cwill\u201d have entirely different meanings depending on what word they\u2019re partnered with. A will, a living will<\/span>, and a living trust are all legal documents<\/span>, but each serves a different purpose in an estate plan<\/span>.<\/p>\n

An estate plan<\/span> is the set of legal documents<\/span> that work together to express your wishes. It\u2019s usually will-based or trust-based, meaning the key document that details how you want your assets distributed at your death is either a will or a trust. Here\u2019s a breakdown of each one:<\/p>\n