NJ vs. NY Healthcare Proxy Requirements
New Jersey and New York both require two witnesses for a valid healthcare proxy or advance directive, but differ significantly on who may serve as a witness — particularly in healthcare facility settings.
Not legal advice. This page summarizes publicly available statutory requirements for informational purposes only. Requirements can change. Consult a licensed attorney in the applicable state for advice specific to your situation.
Direct Answer
Both New Jersey (N.J.S.A. 26:2H-56) and New York (PHL § 2981) require two adult witnesses for a valid healthcare proxy. New York bars any employee of the healthcare facility where the principal is a patient from serving as a witness. New Jersey bars the agent and certain healthcare providers but permits other facility employees.
A healthcare proxy (also called a healthcare power of attorney or healthcare agent designation) authorizes a named agent to make medical decisions on behalf of a principal who becomes incapacitated. Both states require two witnesses but impose different restrictions on who may serve.
The most significant practical difference arises in hospital and nursing home settings: New York prohibits any employee of the treating facility from witnessing the document. New Jersey's restrictions are narrower, barring only the agent, certain healthcare providers, and operators of the facility.
Side-by-Side Comparison
| Requirement | New Jersey | New York |
|---|---|---|
| Witnesses required | Two adult witnesses | Two adult witnesses |
| Notarization | Not required (witnesses sufficient) | Not required (witnesses sufficient) |
| Facility employees as witnesses | Operators/administrators barred; other employees generally permitted | All employees of the treating facility are barred |
| Agent as witness | Barred | Barred |
| Treating physician as witness | Barred | Barred |
| Revocation | Oral or written revocation at any time (N.J.S.A. 26:2H-58) | Oral or written revocation at any time (PHL § 2983) |
| Statutory form | No mandatory form; must meet statutory requirements | Statutory form available from NY Dept. of Health |
Witnesses required
New Jersey
Two adult witnesses
New York
Two adult witnesses
Notarization
New Jersey
Not required (witnesses sufficient)
New York
Not required (witnesses sufficient)
Facility employees as witnesses
New Jersey
Operators/administrators barred; other employees generally permitted
New York
All employees of the treating facility are barred
Agent as witness
New Jersey
Barred
New York
Barred
Treating physician as witness
New Jersey
Barred
New York
Barred
Revocation
New Jersey
Oral or written revocation at any time (N.J.S.A. 26:2H-58)
New York
Oral or written revocation at any time (PHL § 2983)
Statutory form
New Jersey
No mandatory form; must meet statutory requirements
New York
Statutory form available from NY Dept. of Health
New Jersey Healthcare Proxy Requirements
New Jersey's Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 through 26:2H-67) governs healthcare proxies and living wills. A healthcare proxy must be signed by the principal in the presence of two adult witnesses.
The following persons may not serve as witnesses: the agent named in the document; any person who would benefit financially from the principal's death; the principal's attending physician or other healthcare provider; and the owner, operator, or employee in a supervisory capacity of a healthcare facility where the principal is a patient.
Notarization is not required under New Jersey law, though some institutions may request it for additional assurance. The document must clearly identify the agent and the scope of authority granted.
The principal may revoke a healthcare proxy at any time, orally or in writing, regardless of their mental or physical condition at the time of revocation.
New York Healthcare Proxy Requirements
New York's Healthcare Proxy Law (Public Health Law Article 29-C, §§ 2980–2994) governs healthcare proxies. The document must be signed by the principal in the presence of two adult witnesses, who must also sign.
New York's witness restrictions are broader than New Jersey's: no employee of the healthcare facility where the principal is a patient may serve as a witness — this includes nurses, aides, administrative staff, and any other facility employee, not just supervisory personnel.
The agent named in the proxy may not serve as a witness. The principal's attending physician may not serve as a witness. These restrictions apply regardless of whether the signing occurs in a hospital, nursing home, or other healthcare facility.
New York does not require notarization for a healthcare proxy. The New York State Department of Health provides a statutory form, but use of the form is not mandatory — any document meeting the statutory requirements is valid.
Key Differences to Know
Official Sources
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