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Regardless of whether your New York Living Will has been made as a result of a recent change in your health or as part of a forward-looking plan, witnesses and notarization are strongly encouraged as a best practice for protecting your document if its validity is doubted by a third party.
Advance Directives are a legal documents by which you may make provisions for future health care decisions in the event that you are unable to make such decisions for yourself. In New York State there are three types: Health Care Proxy form, Living Will, and Do Not Resuscitate Order (DNR).
New York State does not have a standard living will form. New York State does recognize living wills as valid if they provide "clear and convincing evidence" of the person's wishes.
A living will is a written statement of your specific health care wishes in the event you become unable to decide for yourself. New York State does not have a standard living will form. New York State does recognize living wills as valid if they provide "clear and convincing evidence" of the person's wishes.
Two witnesses at least 18 years of age must sign your proxy. The person who is appointed agent or alternate agent cannot sign as a witness.
The will must be in writing, signed by the testator and at least two witnesses, and meet all other statutory requirements. Including an attestation clause and a self-proving affidavit is highly recommended to help ensure the will's validity and streamline the probate process.
Item 1: Print your name Item 2: Cross out any of the statements that do not reflect your wishes Item 3: Write in any personal instructions Item 4: Date and sign the document and include your address Item 5: Two witnesses must sign the document and print their addresses. Note: This form does not need to be notarized.
Along with notarization, New York law requires two adult witnesses for a living will. These witnesses must be present when you sign the document. Notably, the witnesses cannot be related to you by blood or marriage, entitled to any part of your estate, or directly financially responsible for your healthcare.