Fillable Form New York Living Will

What is theNew York Living Will?

The New York Living Will is a legal document that outlines the patient’s preference with regards to what life-saving measures medical staff and first-responders will perform. TheLiving Will New York states the end-of-life pain management and comfort measures to be administered during the closing phase of a patient’s life.

People often get confused by the legal term “living will.” It’s technically not a will, but a legal document that expresses an individual’s medical care preferences in the event that they become unconscious or otherwise unable to communicate. Theliving will can be used to make it apparent that someone does not wish to be kept on artificial life support.

The New York Living Will Form is usually part of a larger legal document that also names a proxy, or a trusted individual to make health care and end-of-life decisions on behalf of the specified individual. The state requires statements and signatures from two witnesses in order for it to be valid. This form also allows you to name an alternate agent in the event that the principal agent is unable to perform his or her obligations.

In theLiving Will New York State, you can inform your agent under your health care proxy to withhold all life-sustaining measures or you can specify certain measures that you do wish to be taken, such as:

• Cardiac resuscitation (if your heart stops suddenly)
• Mechanical respiration (if you are unable to breathe on your own)
• Dialysis (to remove toxins from your blood in the event your kidneys fail)
• Artificial nutrition and hydration (at what point of deterioration you would like food and water removed)
• Antibiotics to treat infection
• Pain medication

New York law does not authorize living wills. Even if you have a living will, you should also have a health care proxy. In the event that you are unable to make medical decisions for yourself, your doctor will consult with the person you appointed as your health care proxy to determine what medical procedures should be performed. The Living Will Template New York is important because it expresses your intentions when you become too ill to articulate them yourself.

Your Living Will New York State Template should include:

• Your name.
• A statement that you are of sound mind and body or other representation that you are competent to make the living will.
• Directions to your doctor and health care proxy agent as to what you want done in case you are in an “incurable or irreversible mental or physical condition with no reasonable expectation of recovery”.
• The date you make the living will.
• Your signature.
• The signature of at least two witnesses.

If you make a living will, you should review it often to make sure it continues to express your wishes. If it does not, you are free to amend and/or revoke the living will. You can do so by:

• Making another living will (be sure to provide your health care proxy agent with the new living will).
• Notifying your doctor and/or health care proxy agent (if you have one) orally or in writing that you have revoked your living will.
• Destroying your living will or doing anything else that reflects an intent to revoke (be sure you notify your doctor and/or health care proxy agent if you have one).

How to fill out theNew York Living Will?

Using PDFRun, you can electronically fill out and download a PDF copy of a New York Living Will PDF in minutes. Fill it out by following the instructions below.

Printed Name

Enter your full printed name.

Patient’s Name

Enter your full name.

By doing so, you’re indicating that you are of sound mind and you’re making this statement as a directive to be followed if you become permanently unable to participate in decisions regarding your medical care.

Instructions

These instructions reflect your firm and settled commitment to decline medical treatment under the circumstances indicated below:

• You direct your attending physician to withhold or withdraw treatment that merely prolongs your dying, if you should be in an incurable or irreversible mental or physical condition with no reasonable expectation of recovery.
• These instructions apply if you are in a terminal condition; permanently unconscious; or if you are minimally conscious but have irreversible brain damage and will never regain the ability to make decisions and express your wishes.
• You direct that your treatment be limited to measures to keep you comfortable and to relieve pain, including any pain that might occur by withholding or withdrawing treatment.

Personal Wishes

You may make changes in any of the above-mentioned directions, or add changes to conform them to your personal wishes.

Mark the appropriate boxes if you do not agree with any of the following statements. While you understand that you are not legally required to be specific about future treatments if you are in the following conditions described above, you feel especially strongly about the following forms of treatment:

• I do not want cardiac resuscitation.
• I do not want mechanical respiration.
• I do not want artificial nutrition and hydration.
• I do not want antibiotics.
• I do want maximum pain relief, even if it may hasten my death.

Enter your personal instructions, if any, in the space provided.

Signature

By signing, you express these directions as your legal right to refuse treatment, under the law of New York. You intend your instructions to be carried out, unless you have rescinded them in a new writing or by clearly indicating that you have changed your mind.

Affix your signature.

Date

Enter the date you signed the form.

Address

Enter your complete address.

Signatures of Witnesses

By letting your witnesses sign, you declare that you personally know the witnesses and they are of sound mind and acting of their own free will. They will sign this document in your presence.

Affix the signatures of your witnesses.

Date

Enter the date your witnesses signed the form.

Printed Name of Witnesses

Enter the printed name of your witnesses.

Address

Enter the complete address of your witnesses.

Frequently Asked Questions About the New York Living Will

Does a living will need to be notarized in New York?

A living will does not need to be notarized in New York. You may want to have it notarized, however, to make sure that it is legally binding.

In general, a living will takes effect when you are no longer able to make decisions for yourself. It can outline your wishes for medical treatment, including whether or not you want to be kept on life support.

If you have a living will, it is important to keep it up to date and to make sure that your family and friends know where to find it. You should also give copies to your doctor and any other medical professionals who are involved in your care.

Notarizing your living will can help to ensure that it is legally binding and will be honored by your loved ones and medical professionals. If you choose to notarize your living will, you should make sure to do so before you lose capacity to make decisions for yourself.

It is best to consult with an attorney to ensure that your living will meets all of the legal requirements in New York. An attorney can also help you to notarize your document, if you choose to do so.

How do you write a living will in NY?

There is no specific format that you must follow when writing a living will in New York, but there are some general guidelines that you should keep in mind:

• Make sure that the document is clearly dated and signed by you — This means that your living will is legally binding and cannot be changed without your consent.
• Be specific about your wishes — This ensures that your loved ones and medical personnel are aware of your exact wishes in the event that you are unable to communicate them yourself.
• Appoint a health care proxy — A health care proxy is someone who you designate to make medical decisions on your behalf in the event that you are unable to do so yourself. This person should be someone you trust implicitly and who knows your wishes regarding end-of-life care.
• Keep a copy of the document in a safe place — Make sure that your loved ones know where to find the document in case they need to reference it in the future. You may also want to keep a copy on file with your doctor or at the hospital where you receive treatment.
• Review the document periodically — Your wishes may change over time, so it's important to review your living will every few years to make sure that it still reflects your desires.
• Update the document as needed — If any changes to your wishes are made, be sure to update the document accordingly.
• Have the document notarized — Although it's not required, having your living will notarized can add an extra layer of protection.

If you have any questions about writing a living will in New York, or if you need help drafting one, consider consulting with an experienced estate planning attorney. You should also talk to your doctor about your wishes regarding end-of-life care, as they can provide valuable insights and guidance before you finalize your living will. This conversation can also help ensure that your health care proxy is aware of your wishes and knows how to best advocate for you in the event that you are unable to do so yourself.

What are examples of living wills?

A living will is a document that expresses an individual's wishes regarding medical treatment in the event that they become unable to communicate those wishes themselves. The purpose of a living will is to ensure that an individual's end-of-life preferences are respected and followed.

Some examples of end-of-life preferences that might be expressed in a living will include:

• Resuscitation (whether or not CPR should be performed if the individual's heart stops)
• Artificial ventilation (whether or not mechanical ventilation should be used if the individual can't breathe on their own)
• Artificial nutrition and hydration (whether or not feeding and hydration tubes should be used if the individual can't eat or drink on their own)

It's important to note that a living will only comes into effect if an individual is unable to communicate their wishes regarding medical treatment. In most cases, a living will only applies to life-sustaining treatments. It does not generally apply to other types of medical care, such as pain management.

If you're considering creating a living will, it's a good idea to talk to your doctor about your end-of-life preferences. This can help ensure that your wishes are clearly expressed in the document. You may also want to appoint a health care proxy (also known as a durable power of attorney for health care) who can make decisions on your behalf if you become unable to do so yourself.

Creating a living will is generally a free and simple process. You can usually find blank living will forms online or at your local library. Once you've completed the form, you'll need to sign it in front of two witnesses (who cannot be your health care proxy).

In some states, you may also need to notarize your living will. Once it's complete, be sure to give copies to your doctor, health care proxy, and any other loved ones who might need to make decisions on your behalf. You should also keep a copy in a safe place where it can easily be found.

It's important to review your living will periodically and update it as needed. For example, you may want to make changes if your health care proxy changes or if your end-of-life preferences change.

You can revoke a living will at any time, as long as you're able to communicate your wishes. To do so, simply destroy all copies of the document and notify your doctor, health care proxy, and other loved ones that you no longer wish for the living will to be in effect.

Note: State laws governing living wills vary. Be sure to check the laws in your state to ensure that your living will is valid.

What is the difference between a living will and an advance directive?

A living will is a legal document that states your wishes for medical treatment in the event that you are unable to communicate those wishes yourself. An advance directive is a broader term that can encompass a living will, as well as other documents such as a durable power of attorney for healthcare. An advance directive can also state your wishes for organ donation and funeral arrangements.

These documents are important because they allow you to control your medical care even if you are unable to communicate your wishes yourself. This can be especially helpful in the event of a sudden illness or accident.

It's important to note that a living will only goes into effect if you are unable to make your own decisions about medical treatment. If you are able to make those decisions, then your living will is not used. Advance directives, on the other hand, may be used even if you are able to make your own decisions. For example, an advance directive can appoint someone else to make healthcare decisions for you if you are unable to do so yourself.

In general, a living will is more specific than an advance directive. A living will typically only covers medical treatment, while an advance directive can cover a wider range of topics. However, the two documents are often used together to provide comprehensive instructions for your care.

To create a living will or advance directive, you will need to consult with an attorney. They can help you understand the difference between the two documents and determine which is right for you. You may also want to talk to your doctor about your wishes for medical care. This can help ensure that your document accurately reflects your wishes.

Creating a living will or advance directive is an important way to ensure that your wishes for medical care are respected, even if you are unable to communicate those wishes yourself. If you are unsure about which document is right for you, or have any other questions, be sure to consult with an attorney or your doctor.

What does a living will include?

A living will typically includes your wishes regarding life-sustaining medical treatment, including artificial nutrition and hydration, in the event that you are unable to communicate those wishes yourself. It may also include your preferences for pain management and other end-of-life care. You can use a living will to express your wishes about any kind of medical treatment, including heroic measures to prolong your life. You can also use it to refuse all treatment except that which is necessary to keep you comfortable until you die.

A living will is one way to make your end-of-life preferences known. It's important to discuss your wishes with family and close friends, as they will be the ones making decisions on your behalf if you're unable to do so yourself. You should also appoint a healthcare proxy, or Durable Power of Attorney for Healthcare, to make sure your living will is followed.

It's important to update your living will periodically, as your wishes may change over time. Be sure to keep it in a safe place where your family and close friends can easily find it.

What is a living will vs a will?

A will is a document that details how you want your belongings to be distributed after you die. A living will, on the other hand, is a document that spells out your wishes regarding medical care in the event that you are unable to communicate them yourself.

Their key difference is that a will takes effect after you die, while a living will goes into effect if you become incapacitated.

While a will is typically used to distribute your belongings, a living will is used to make decisions about your medical care. This includes decisions about life-sustaining treatment, such as whether or not to receive artificial nutrition or hydration, ventilator support, or cardiopulmonary resuscitation (CPR).

It’s important to have both a will and a living will because they serve different purposes. A will can help ensure that your belongings are distributed according to your wishes, while a living will can help ensure that you receive the medical care that you want in the event that you are unable to communicate your wishes yourself.

While a will is a document that you create, a living will is a document that you sign. You can create a will yourself, but you will need to have it witnessed and notarized in order to make it legally binding. A living will, on the other hand, does not need to be witnessed or notarized in order to be legally binding.

You should keep your will and your living will in a safe place where they can be easily found by your loved ones. You may want to give copies of both documents to your loved ones as well as to your doctor. It’s also a good idea to review your documents periodically and update them as needed.

While a will and a living will serve different purposes, they both play an important role in ensuring that your wishes are carried out. Having both a will and a living will can help give you peace of mind knowing that your loved ones will be taken care of after you die and that you will receive the medical care that you want if you become incapacitated.

Is a living will necessary?

There are many different opinions on whether or not a living will is necessary. Some people feel that it is an important document to have in case of a medical emergency, while others believe that it is not necessary and that they would rather make their own decisions about their medical care. Ultimately, the decision of whether or not to create a living will is a personal one and should be made based on your own individual needs and circumstances.

What are the types of advance directives?

There are four primary types of advance directives:

• Living wills detail a person's wishes regarding medical treatments and life-sustaining measures in the event that they are unable to communicate their decisions themselves.
• Durable powers of attorney appoint someone to make medical decisions on behalf of the individual in the event that they are unable to do so themselves.
• Do-not-resuscitate orders instruct medical staff not to provide certain life-saving measures if the individual's heart stops or they stop breathing.
• Health care proxies designate someone else to make all medical decisions on behalf of the individual in the event that they are unable to do so themselves.

Advance directives can be created and revoked at any time, as long as the individual is of sound mind. It is important to keep them updated as your wishes may change over time. You should also make sure that your family, friends, and medical team are aware of your directive and where to find it.

Advance directives can be an important part of end-of-life planning. They can provide peace of mind knowing that your wishes will be respected if you are ever unable to communicate them yourself. If you have not already done so, consider creating an advance directive today.

What is the difference between a living will and a health care proxy?

When it comes to end-of-life care, there are two key documents that can help ensure your wishes are carried out: a living will and a health care proxy. Both documents serve similar purposes, but there are some important differences to keep in mind.

A living will is a document that outlines your wishes for end-of-life medical care in the event that you become incapacitated and unable to communicate your decisions. A health care proxy, on the other hand, is a document that appoints someone else – known as a proxy or an agent – to make decisions on your behalf.

One of the main differences between a living will and a health care proxy is that a living will only takes effect if you become incapacitated, whereas a health care proxy can be used at any time. Additionally, a living will typically only covers decisions about life-sustaining treatment, while a health care proxy can be used to make any type of medical decision on your behalf.

Another key difference is that a living will is a document that you create yourself, while a health care proxy requires you to appoint someone else to make decisions on your behalf. This means that, if you decide to use a health care proxy, it’s important to choose someone you trust to make the best decisions for you.

Ultimately, the decision of whether to use a living will or a health care proxy (or both) is a personal one. It’s important to take the time to consider your options and make a decision that’s right for you. If you have any questions, be sure to talk to your doctor or another medical professional.

How legally binding is a living will?

A living will is a legal document that outlines an individual's wishes regarding their medical care in the event that they are unable to communicate those wishes themselves. While a living will is not legally binding in all states, it can provide guidance to doctors and family members when making decisions about an individual's care.

What is the difference between a living will and estate planning?

There are several key differences between a living will and estate planning. For starters, a living will only takes effect if you become incapacitated, whereas estate planning covers what happens to your assets after you die. Additionally, a living will typically just outlines your medical wishes, whereas estate planning can also include things like appointing a guardian for your minor children and setting up a trust. Finally, while you can create a living will on your own, estate planning usually requires the help of an attorney.

Related Articles:

• Advance Care Planning and Advance Directives FAQ
• Making a Will in New York
• Frequently Asked Questions About Wills In New York State
• What are the basic requirements to execute a valid will in New York?
• Advance directive vs. living will: What's the difference?