Putting It In Writing First
Pub. Health Law § 2981 — a health care proxy and two adult witnesses
In New York, a competent adult may appoint a health care agent by a health care proxy signed and dated in the presence of two adult witnesses, who also sign it. If the adult cannot sign, another person may sign at their direction and in their presence, before the two witnesses.
What the witnesses state, and who may not be one. The witnesses state that the principal appeared to execute the proxy willingly and free from duress. The person appointed as agent may not witness it.
Mental hygiene facilities. For a person living in a facility operated or licensed by the office of mental health, at least one witness must not be affiliated with the facility, with further rules where the facility is also a hospital.
| The assumption | What the law actually does |
|---|---|
| The assumptionA proxy needs a notary | What the law actually doesTwo adult witnesses who sign it |
| The assumptionThe agent can be one of the witnesses | What the law actually doesThe person appointed as agent may not witness it |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed New York attorney.
Sources for this section (1)
- Pub. Health Law § 2981 — Appointment of health care agent; health care proxy
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.