New York Advance Directive Requirements (2026)
What New York needs for a valid advance directive or living will. Witness rules, notary rules, POLST status, and the official state form.
At-a-glance
Witness rules
New York requires 2 witnesses when you sign your advance directive. Most states do not let your health care agent, your doctor, or anyone in your will serve as a witness. Check the form for the exact rules.
Notary rules
New York does not require a notary for an advance directive. Witnesses are enough if you follow the witness rules. You can still choose to have it notarized for extra peace of mind.
Living will and health care proxy
New York uses a combined advance directive form. You pick your health care agent and say what treatment you want in the same document.
POLST and MOLST
New York does not have an active POLST program. Your advance directive is the main document that guides your care.
Things to know
State data is being verified. Always confirm current requirements with your state health department before signing any advance directive.
How to make an advance directive in New York
- Download the state form
Get the current New York advance directive form from the state health department. A link is in the "State Resources" section below.
- Pick a health care agent
Choose someone you trust to make medical decisions if you cannot. Talk to them first. Make sure they agree.
- Write down your wishes
Say what treatment you do and do not want. Think about life support, feeding tubes, and pain relief.
- Sign with witnesses
Sign in front of 2 adult witnesses. Your health care agent cannot be a witness.
- Store it in DirectiveVault
Upload the signed form to DirectiveVault. Share read-only access with your health care agent and family so they can pull it up at the ER.
- Give a copy to your doctor
Send a copy to your primary care doctor so it goes in your medical record.
State resources
- Form name
- New York Advance Directive
- Official state form
- Search your state health department for the current form.
Frequently asked questions
How many witnesses does New York need for an advance directive?
New York requires 2 witnesses when you sign your advance directive.
Does New York require a notary for an advance directive?
No. New York does not require a notary. Witnesses alone are enough if you follow the witness rules.
Does New York have a POLST program?
New York does not have an active POLST program.
Can I use an out-of-state advance directive in New York?
New York generally honors directives signed in other states if they were legal in the state where signed. To be safe, use the New York form if you live here.
Where do I get the official New York advance directive form?
Search for "advance directive" on your New York state health department website to find the current form.
Keep your New York directive ready
Once you sign, store it in DirectiveVault. Share it with family. Have it in your pocket when it matters.