Content Overview
Guide to Writing New York Living Will
Filling out the New York Living Will form is an important step in expressing your healthcare preferences. After completing the form, it is essential to share it with your healthcare providers and loved ones to ensure that your wishes are known and respected.
- Obtain a copy of the New York Living Will form. This can be found online or through healthcare providers.
- Read the instructions carefully to understand each section of the form.
- Begin by entering your full name, address, and date of birth at the top of the form.
- Specify your healthcare preferences in the designated sections. Be clear and concise about your wishes.
- Consider discussing your choices with a trusted family member or healthcare provider for clarity.
- Sign and date the form at the bottom. Ensure that you are signing in the presence of a witness.
- Have at least one witness sign the form, confirming that you are of sound mind and not under duress.
- Make copies of the completed form for your records and for your healthcare providers.
- Store the original form in a safe place where it can be easily accessed when needed.
PDF Form Specs
| Fact Name | Description |
|---|---|
| Purpose | A New York Living Will outlines an individual's wishes regarding medical treatment in case they become unable to communicate their preferences. |
| Governing Law | The New York Living Will is governed by the New York Public Health Law, specifically Article 29-CC. |
| Eligibility | Any adult who is of sound mind can create a Living Will in New York. |
| Contents | The form typically includes instructions about life-sustaining treatment, resuscitation, and organ donation preferences. |
| Witness Requirement | In New York, a Living Will must be signed in the presence of two witnesses, who cannot be related to the individual or benefit from their estate. |
| Revocation | A Living Will can be revoked at any time, as long as the individual is competent to make that decision. |
| Importance | Having a Living Will ensures that medical decisions align with personal values and wishes, providing peace of mind for both individuals and their families. |
FAQ
What is a New York Living Will?
A New York Living Will is a legal document that allows individuals to express their preferences regarding medical treatment in the event they become unable to communicate their wishes. This document typically addresses end-of-life care and specifies what types of medical interventions one does or does not want, such as resuscitation, mechanical ventilation, or tube feeding. It is important to note that a Living Will only comes into effect when a person is incapacitated and unable to make decisions about their own care.
How do I create a Living Will in New York?
Creating a Living Will in New York involves several steps:
- Consider your medical treatment preferences and discuss them with family members or healthcare providers.
- Obtain a Living Will form, which can often be found online or through healthcare facilities.
- Complete the form by clearly stating your wishes regarding medical treatment.
- Sign the document in the presence of at least one witness who is not a family member or a beneficiary.
- Keep copies of the signed Living Will in accessible locations, and provide copies to your healthcare provider and family members.
Is a Living Will the same as a Health Care Proxy?
No, a Living Will and a Health Care Proxy are different documents. A Living Will outlines your specific wishes regarding medical treatment, while a Health Care Proxy designates a person to make healthcare decisions on your behalf if you are unable to do so. In many cases, individuals may choose to have both documents to ensure their wishes are honored and that someone they trust is making decisions if they cannot communicate.
Can I change or revoke my Living Will?
Yes, you can change or revoke your Living Will at any time as long as you are competent to do so. To revoke a Living Will, you should destroy the original document and any copies. It is advisable to inform your healthcare provider and family members about the revocation. If you create a new Living Will, it is essential to ensure that it clearly states that it supersedes any previous versions.
What happens if I do not have a Living Will?
If you do not have a Living Will and become incapacitated, medical decisions will be made by your healthcare provider based on what is deemed medically appropriate. In the absence of your specific wishes, family members may be consulted, but there is no guarantee that their decisions will align with your preferences. This uncertainty can lead to conflicts among family members and healthcare providers. Therefore, having a Living Will is a proactive way to ensure your wishes are known and respected.
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New York Living Will Example
New York Living Will Template
This Living Will is created under the laws of the State of New York. It provides directions regarding medical treatment in the event that I become unable to communicate my wishes regarding such treatment.
Individual Information
- Name: ___________________________________
- Date of Birth: ____________________________
- Address: __________________________________
- City, State, Zip: _________________________
- Phone Number: _____________________________
Declaration
I, the undersigned, willingly make this Living Will. This document reflects my wishes concerning medical treatment when I am unable to make decisions for myself.
Instructions for Medical Care:
- If I am diagnosed with a terminal condition or in a state of permanent unconsciousness:
- I wish to receive all available treatment to prolong my life.
- Do not administer life-sustaining treatments.
- Provide comfort care only.
- If I am in a condition where there is no reasonable expectation of recovery:
- Do not use life-sustaining treatments.
Appointment of Health Care Proxy
If I am unable to make my own medical decisions, I designate the following individual as my Health Care Proxy:
- Name: ___________________________________
- Relationship: ____________________________
- Phone Number: _____________________________
Signatures
This Living Will reflects my wishes as of the date signed below.
Signature: _________________________________
Date: _____________________________________
Witnesses:
- Witness 1 Name: _________________________
- Witness 1 Signature: ______________________
- Witness 2 Name: _________________________
- Witness 2 Signature: ______________________
It is highly advisable to consult with a legal professional to ensure that this document meets all necessary legal requirements and fully represents your wishes.