Legal Living Will Form for the State of New York

Guide to Using New York Living Will

A Living Will is a legal document that allows individuals in New York to outline their wishes regarding medical treatment in the event that they are unable to communicate their decisions due to illness or incapacity. It is a crucial step for ensuring that your healthcare preferences are known and respected. With this document, you can specify which treatments you want to be applied or withheld if you're faced with a life-threatening condition or a vegetative state. Filling out a New York Living Will form doesn't have to be complicated. Here are the steps to do so:

1. Begin by clearly printing your full name, date of birth, and address at the top of the form to identify yourself as the declarant.
2. State your general desire regarding medical treatment in life-threatening situations. Be specific about treatments you do or do not wish to receive, such as mechanical ventilation, resuscitation, or tube feeding.
3. If you have strong feelings about specific treatments or conditions, include detailed instructions about these preferences. This might involve mentioning particular medical conditions or scenarios where you would refuse or desire certain types of medical interventions.
4. Consider appointing a healthcare proxy in this section if the form allows for it. This person will be responsible for making healthcare decisions on your behalf if you're incapable of doing so. Include their full name, relationship to you, and contact information.
5. Discuss your views on pain relief, expressing whether you prioritize pain management over other considerations, especially in end-of-life care.
6. Address organ donation in the designated section, specifying if you wish to donate your organs and for what purposes, such as transplantation, research, or education.
7. Date and sign the form in the presence of two witnesses, who must be adults and cannot be beneficiaries of your estate or involved in your healthcare. Their signatures and printed names should follow yours to validate the document.
8. Keep a copy of the completed form in a safe but accessible place, and consider informing close family members, your healthcare proxy (if appointed), and your physician about its existence and location. Distribute copies to these individuals as necessary.

Once the New York Living Will is completed, it will serve as a legally binding document that communicates your healthcare preferences. Ensuring it's filled out accurately and thoroughly is key to guaranteeing your wishes are upheld if you're unable to make decisions for yourself. Updating it periodically to reflect any changes in your health or wishes is also advisable. By taking these steps, you can have peace of mind knowing you've made preparations to protect your rights and dignity in medical situations.

1. What is a New York Living Will?

   A New York Living Will is a legal document that allows a person to outline their preferences for medical treatment in the event they are unable to communicate their wishes due to illness or incapacity. This may include instructions on life-sustaining treatment, resuscitation, and end-of-life care.

2. Who should have a Living Will?

   Any person over the age of 18 who wants to have control over their medical treatment or end-of-life care should consider creating a Living Will. It is particularly crucial for those with strong preferences about health care interventions or those with serious health conditions.

3. How do I create a Living Will in New York?

   To create a Living Will in New York, you need to draft a document stating your health care wishes. While New York does not have a statutory form for Living Wills, it's important to clearly state your full name, the date, and detail your medical treatment preferences. The document should be signed in the presence of two adult witnesses who are not named as health care agents or beneficiaries in your will.

4. Is a lawyer required to make a Living Will in New York?

   While it is not mandatory to have a lawyer to create a Living Will in New York, consulting with one can be beneficial. A lawyer can help ensure your Living Will complaisn with state laws and truly reflects your wishes regarding medical care.

5. Can I change my Living Will?

   Yes, you can change your Living Will at any time. To do so, you should create a new document that reflects your current wishes and revoke the previous one both verbally and in writing. It is recommended that you destroy all copies of the old Living Will and inform your health care proxy, if applicable, along with your family, friends, and healthcare providers of the update.

6. What should be included in a New York Living Will?

   A New York Living Will should include:

   • Information identifying the maker of the Living Will.
   • Clear instructions about the medical treatment and care preferences, including conditions in which life-sustaining treatment should or should not be provided.
   • Preferences for pain management and other palliative care.
   • The signature of the person making the Living Will and the date it was signed.
   • Signatures of two witnesses confirming the maker's capacity and voluntary nature of the document.

7. When does a Living Will become effective in New York?

   A Living Will becomes effective when the person can no longer communicate their wishes due to a medical condition. A physician, along with a second consulting physician, must certify that the person is unable to make medical decisions for themselves.

8. Where should I keep my Living Will?

   It is important to keep your Living Will in a place where it is easily accessible. Give copies to your health care proxy (if you have appointed one), primary care physician, and any health care facility where you are receiving care. It may also be wise to keep a digital version that can be accessed by your health care agents or family members when needed.

9. Does a Living Will expire in New York?

   No, a Living Will does not expire in New York. However, it is advisable to review and, if necessary, update your Living Will periodically, especially after any significant life events or changes in health status, to ensure it still reflects your current wishes.

When individuals decide to take an important step in healthcare planning by completing a New York Living Will, they are making a decision to have their healthcare preferences known in the event they are unable to communicate them themselves. However, several common mistakes can undermine the effectiveness of this critical document. Ensuring accuracy, clarity, and thoroughness are pivotal in the creation of a Living Will to ensure that healthcare desires are respected and followed.

One significant error is the failure to clearly specify wishes regarding medical treatments and interventions. A Living Will should articulate specific desires about the use of life-sustaining measures, such as resuscitation, ventilator use, and artificial nutrition and hydration. Without explicit instructions, healthcare providers may face difficulties in interpreting an individual's preferences, potentially leading to care that either goes beyond or falls short of what the individual would have wished.

Another mistake is not updating the document to reflect current wishes. People’s perspectives on healthcare interventions can evolve due to various factors such as aging, changes in health status, or advances in medical treatment. A Living Will made years ago may no longer accurately represent an individual's current healthcare preferences. Regularly reviewing and updating this document ensures that it remains aligned with the person's latest wishes and values.

Additionally, there is often an oversight in not discussing the contents of the Living Will with family members and healthcare providers. This omission can lead to confusion and conflict during critical healthcare decisions. Openly discussing the details of one's Living Will with loved ones and medical teams ensures that everyone understands the individual's healthcare preferences, which can facilitate a smoother decision-making process in the event of incapacitation.

Lastly, a common blunder is the failure to properly witness and notarize the document, as required by New York state law. The presence of witnesses and a notary public adds legal weight to the Living Will, affirming its authenticity and the individual's capacity and free will in making these decisions. Neglecting this critical step can potentially invalidate the document, rendering it useless when it is most needed.

By avoiding these mistakes, individuals can create a Living Will that effectively communicates their healthcare wishes, offering peace of mind to themselves and their families that their preferences will be honored.

When preparing for the future, it's important to consider all aspects of your health and personal care. A Living Will is a crucial document that outlines your wishes regarding medical treatment in the event that you can no longer communicate your decisions. To ensure that your intentions are honored fully and clearly, there are several other forms and documents you might consider completing in conjunction with your New York Living Will. These tools can offer you and your loved ones peace of mind, knowing that your wishes are documented comprehensively.

• Health Care Proxy: This document allows you to appoint someone you trust as your health care agent, who will make medical decisions on your behalf if you are unable to do so. It works hand in hand with the Living Will, supplementing your documented wishes with a trusted advocate's judgment.
• Durable Power of Attorney: While a Health Care Proxy focuses on medical decisions, a Durable Power of Attorney lets you designate an individual to handle your financial affairs and legal matters during times when you're incapacitated. This can ensure that your bills are paid and your financial life remains in order even if you cannot handle these matters yourself.
• Do Not Resuscitate (DNR) Order: A DNR is a physician's order that prevents the initiation of CPR or advanced cardiac life support in the event of cardiac or respiratory arrest. If you have strong feelings about not wanting resuscitative measures, a DNR order can make those wishes known to medical personnel.
• Medical Orders for Life-Sustaining Treatment (MOLST): This form goes beyond a traditional DNR by detailing your preferences for other life-sustaining treatments, such as intubation, mechanical ventilation, and artificial hydration and nutrition. It's particularly relevant for individuals with serious health conditions, guiding healthcare providers in accordance with your wishes across a variety of scenarios.
• Emergency Contact Information: Although it's not a legal document, maintaining a list of emergency contacts, including family members, close friends, and your health care proxy, is essential. It ensures that the people who need to be notified in an emergency can be reached quickly and kept informed about your condition.

Equipping yourself with these documents, in addition to a Living Will, forms a comprehensive plan for your future care. They communicate not just your medical treatment preferences, but also appoint the people you trust to both make decisions and manage your affairs when you're not able to. Taking the time to prepare these documents can assure you and your loved ones that your wishes will be respected and followed.

The New York Living Will form shares similarities with the Health Care Proxy form, primarily in its focus on health care decisions. While the Living Will specifies a person's wishes regarding medical treatment in the event they cannot communicate those wishes themselves, the Health Care Proxy allows an individual to appoint someone else to make health care decisions on their behalf. Both documents are integral to planning for future health care and ensure an individual's preferences are respected.

Comparable to the New York Living Will, the Durable Power of Attorney for Health Care also designates another person to make health care decisions when the individual is incapacitated. This document extends beyond specific health care treatments, encompassing all health-related decisions. It grants broader authority to the appointed agent, compared to the Health Care Proxy, which might be more limited in scope.

The Do Not Resuscitate (DNR) Order is another document that, like the New York Living Will, pertains to a specific medical directive. It instructs medical personnel not to perform CPR if a person's breathing stops or if their heart stops beating. Both documents guide medical professionals on the desired extent of life-saving measures, highlighting the individual's preferences for end-of-life care.

Advance Directives are comprehensive documents that include components of both Living Wills and Health Care Proxies. They outline a person’s preferences for treatment and appoint a health care agent. The New York Living Will serves a similar purpose by specifying treatment preferences, but it is typically focused exclusively on end-of-life care. Advance Directives may cover a broader range of situations and decisions.

The Medical Orders for Life-Sustaining Treatment (MOLST) form is closely aligned with the intent behind the New York Living Will. It documents what life-sustaining treatments an individual wants or doesn't want, including intubation, mechanical ventilation, and artificial nutrition and hydration. Intended for patients with serious health conditions, it provides clear instructions for healthcare providers, much like the Living Will.

The Five Wishes document expands upon the New York Living Will by addressing personal, emotional, and spiritual needs in addition to medical wishes. It acts as a comprehensive living will that helps guide medical and personal decisions. While both aim to clarify an individual's preferences in situations where they can't speak for themselves, Five Wishes is broader, covering aspects like comfort care, and the individual's desires for their loved ones.

Similar to the Living Will, a Durable Financial Power of Attorney appoints someone to manage an individual's financial affairs if they become incapacitated. Although it deals with financial rather than health care decisions, the fundamental principle of appointing a trusted individual to act on one's behalf parallels the intent of the New York Living Will.

The POLST (Physician Orders for Life-Sustaining Treatment) form, like the New York Living Will, provides specific medical orders regarding end-of-life care. However, the POLST is designed to be recognized by medical professionals across various settings, ensuring a person’s treatment preferences are followed not just in a hospital but in any medical facility. Both documents aim to ensure that medical treatment aligns with the individual’s wishes.

Living Trust documents are estate planning tools that, like Living Wills, are created to handle affairs after a person becomes incapacitated or passes away. While Living Trusts deal with the management and distribution of an individual’s assets, the Living Will focuses on health care decisions. Nevertheless, both documents are proactive measures for managing one’s affairs and ensuring their wishes are respected.

The Organ and Tissue Donation Registration form, while primarily focused on the decision to donate organs and tissues upon death, shares the foresight and personal decision-making aspects of a New York Living Will. It records an individual's specific wishes regarding organ donation, a topic often included in discussions about end-of-life care preferences. Both forms enable individuals to make critical decisions in advance about how their bodies are treated at life's end.

Filling out a New York Living Will form is a significant step in ensuring your healthcare preferences are known and respected should you be unable to communicate them yourself. It's important to approach this document with care and attention. Below are eight key do's and don'ts to consider when completing your New York Living Will.

• Do take the time to reflect on what healthcare decisions are important to you before you start filling out the form. End-of-life care is a sensitive subject, and thinking about your wishes ahead of time can help guide you through the process.
• Do talk to your family, loved ones, or a trusted advisor about your decisions. These conversations can be tough but they’re important. They ensure that those close to you understand your wishes and the reasons behind them.
• Do consult with a healthcare provider if you have questions about medical treatments or interventions mentioned in the form. Understanding the implications of your choices is crucial.
• Do choose a healthcare proxy who understands your values and is willing to advocate on your behalf. Make sure this person is someone you trust and who agrees to take on this responsibility.
• Don't fill out the form in a hurry. Take your time to carefully consider each section and how it applies to your health and personal beliefs.
• Don't use unclear language or leave sections blank unless you are certain they do not apply to you. Ambiguity in your living will can lead to confusion and make it harder for your healthcare team to follow your wishes.
• Don't forget to sign and date the form in the presence of two witnesses or a notary public, as required by New York State law. A living will that isn't properly executed may not be legally binding.
• Don't file the form away and forget about it. Situations change, and it’s a good idea to review and potentially update your living will periodically, especially after significant life events like the birth of a child, marriage, or a diagnosis of a chronic illness.

By following these suggestions, you can fill out a New York Living Will that accurately reflects your wishes and provides clear guidance for your loved ones and healthcare providers. Remember, creating a living will is not about anticipating every possible medical scenario but ensuring your values and preferences are honored should you be unable to express them yourself.

• A common misconception is that you need an attorney to create a Living Will in New York. While legal advice can be helpful, New Yorkers have the right to complete their own Living Will without a lawyer. It's essential, however, to ensure the document meets state requirements to be valid.

• Many believe that a Living Will is only for the elderly. However, adults of all ages can benefit from having a Living Will. It allows individuals to express their wishes regarding medical treatment in situations where they can't speak for themselves, regardless of their age.

• There's a misconception that a Living Will is the same as a Durable Power of Attorney for Health Care. They are different documents; a Living Will outlines your wishes regarding life-sustaining treatment, while a Durable Power of Attorney for Health Care designates someone to make healthcare decisions on your behalf.

• Some think that once a Living Will is signed, it cannot be changed. This is not true. You can update or revoke your Living Will at any time as long as you are mentally competent to do so.

• People often believe that a Living Will is too difficult to complete without specialized knowledge. Although important to carefully consider your wishes, resources are available to help understand the options for end-of-life care, making the process more accessible.

• There's a belief that Living Wills are only necessary if you have a serious health condition. In reality, unexpected medical situations can arise at any time, and having a Living Will ensures your wishes are known, regardless of your current health.

• It is mistakenly thought that a Living Will and a Last Will and Testament are interchangeable. A Living Will focuses on healthcare decisions, while a Last Will and Testament deals with the distribution of your assets after death.

• Many assume that a Living Will would prevent them from receiving any medical treatment. This is incorrect. A Living Will specifies the types of life-sustaining treatments you would or would not want, but it does not refuse all medical care.

• There is a misconception that discussions about Living Wills are legally required to be with a healthcare provider. While discussing your wishes with a healthcare provider is advisable, it is not a legal requirement for the creation of a Living Will.

• Finally, some think that the presence of a Living Will can complicate the work of healthcare providers. On the contrary, a Living Will can help healthcare providers by clearly articulating your wishes, making it easier for them to provide the care that aligns with your preferences.

Filling out and using a Living Will form in New York is an important step in planning for future healthcare preferences. Here are key takeaways to consider:

• Understand its purpose: A Living Will allows individuals to outline their wishes regarding medical treatments and interventions in scenarios where they are unable to communicate those desires themselves.
• Legality and validity: For a Living Will to be legally valid in New York, it must comply with state laws. This usually includes requirements about signatures, witnessing, and sometimes notarization.
• Specificity is crucial: Being as specific as possible about medical treatments and end-of-life care can help ensure that healthcare providers follow an individual's preferences. This might include decisions about life-sustaining treatments, artificial nutrition and hydration, and pain management.
• Select a healthcare proxy: While drafting a Living Will, it's also advisable to appoint a healthcare agent through a separate Healthcare Proxy form. This person can make healthcare decisions on the individual's behalf, guided by the wishes laid out in the Living Will.
• Keep it accessible: Once completed, the Living Will should be kept in a place where it can be easily accessed by family members or a healthcare proxy. Copies should be given to the appointed agent, close family members, and healthcare providers.
• Review and update regularly: Life circumstances and medical preferences can change. It's important to review and, if necessary, update the Living Will periodically to ensure that it reflects current wishes.

By following these guidelines, individuals can have greater control over their medical care and ensure that their preferences are respected, even when they are not able to voice them. It's also a compassionate way to provide guidance to families and healthcare providers during difficult decisions.