New York Healthcare Proxy Requirements
New York's Healthcare Proxy is governed by Public Health Law § 2981. The document requires two witnesses but does not require notarization. This guide explains the witness requirements, who is disqualified from serving as a witness, the agent's role, and how NJNY coordinates healthcare proxy signings throughout New York.
Not legal advice. This page summarizes publicly available New York statutory requirements for informational purposes only. Requirements can change. Consult a licensed New York attorney for advice specific to your situation.
Direct Answer
A New York Healthcare Proxy must be signed by the principal (the person granting healthcare decision-making authority) in the presence of two adult witnesses who sign the document. Notarization is not required. The agent named in the proxy, the agent's relatives, and the operator or employee of a healthcare facility where the principal is a patient may not serve as witnesses. The governing statute is New York Public Health Law § 2981.
A New York Healthcare Proxy is a legal document that designates a person — called a healthcare agent — to make medical decisions on behalf of the principal if the principal becomes unable to make or communicate those decisions. It is one of the most important advance directive documents a New York resident can execute.
Unlike a power of attorney, a healthcare proxy does not require notarization. However, the witness requirements are specific and include several disqualifications that are easy to overlook.
Execution Requirements Under PHL § 2981
Under New York Public Health Law § 2981, a valid Healthcare Proxy requires:
Who Is Disqualified from Serving as a Witness
New York Public Health Law § 2981(2) expressly disqualifies the following individuals from serving as witnesses to a healthcare proxy:
Who May Serve as a Witness
Any adult who is not disqualified under PHL § 2981(2) may serve as a witness. In practice, suitable witnesses include:
Requirements for the Healthcare Agent
The healthcare agent — the person designated to make medical decisions — must be an adult (18 or older). The agent does not sign the healthcare proxy at the time of execution. The agent's authority takes effect only when the principal's attending physician determines that the principal lacks capacity to make healthcare decisions.
The agent should be someone the principal trusts completely to make medical decisions consistent with the principal's wishes and values. The principal may include specific instructions or limitations in the proxy document.
Hospital and Facility Signing Considerations
The most common challenge in healthcare proxy signings at hospitals and nursing homes is the witness disqualification for facility employees. A nurse, social worker, or administrator employed by the facility where the patient is receiving care cannot serve as a witness.
This is where NJNY's witness coordination service is particularly valuable. We provide two independent, disinterested witnesses who are not affiliated with the healthcare facility — ensuring the document is properly executed regardless of where the signing takes place.
NJNY recommendation: When arranging a healthcare proxy signing at a hospital or care facility, contact NJNY in advance. We coordinate with facility staff to identify a suitable signing location and bring two qualified independent witnesses to the appointment.
A Note on Notarization
While notarization is not required for a New York Healthcare Proxy, some healthcare facilities, insurance companies, or financial institutions may request a notarized copy for their own records. NJNY can provide notarization at the same appointment if requested.
If you are unsure whether notarization will be required by the institutions involved, we recommend including it. The additional time and cost are minimal, and a notarized copy is accepted universally.
Official Sources
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