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New York Living Will | Document Directing Health Care

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The New York living will is a document that is not necessarily considered legal inasmuch as ” There is no statute in New York that governs living wills. The highest court in the State has held that a living will is valid as long as it constitutes “clear and convincing evidence” of your wishes. This means that even a well drafted documented is ultimately subject to interpretation by those who need to determine your wishes. As long as the document is clear and convincing, it could be acceptable. It’s recommended that you consult with an attorney to be certain that the document is as clear as possible and legally binding if at all possible under the instruction of an attorney.

Laws – No Statute

Medical Power of Attorney – Use for the designation of an agent to help make health care decisions on a principal’s behalf if they cannot do so for themselves.

How to Write

Step 1 – Print out a copy of the Living Will Form based on the form developed by the NYS Attorney General.

  •  Print your full legal name
  • Feel free to strike out any of the statements that do NOT reflect your wishes
  • Feel free to write in any personal instructions that are important to you, that your medical team and/or family understand about your wishes
  • It’s important that you date and sign the document to include your address
  • You must have two witnesses sign the document and print their addresses.
  • This for will not require notarization

Step 2 – Prior to entering the Declarant’s name at the top of the document, it would be wise to review the entire section pertaining to possible end of life options. Once complete, if you are in agreement, enter the Declarant’s name in the line at the top of the form.

Step 3 – Other Directions – Read the following statement –

  • “These directions express my legal right to refuse treatment, under the law of New York. I intend my instructions to be carried out, unless I have rescinded them in a new writing or by clearly indicating that I have changed my mind.
  • If in agreement, respond with your signature, date of signature and address

Step 4 – Witnesses – Witnesses read the following statement – If in agreement:

Witness 1 –

  • Print Name and Provide Signature
  • Date signature in mm/dd/yyyy format
  • Provide Address

Witness 2 –

  •  Print Name and Provide Signature
  • Date signature in mm/dd/yyyy format
  • Provide Address

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