Health Care Proxy Living Will Attorney

These two documents are often confused, but they do very different jobs, and using only one leaves a gap. We explain the distinction in detail in our article on how a health care proxy differs from a living will in New York — this page focuses on how our firm prepares, executes, and coordinates both documents as part of your overall estate plan.

What a Health Care Proxy and a Living Will Actually Do

A health care proxy, authorized under New York's Public Health Law Article 29-C, lets you appoint a health care agent to make medical decisions on your behalf the moment you're unable to make them yourself. It doesn't spell out your treatment preferences — it simply names the person the hospital must listen to.

A living will fills that gap. New York has no statute governing living wills directly; their authority instead comes from case law requiring that your end-of-life wishes be proven by clear and convincing evidence. A living will is your own written statement of which treatments you would want, or refuse, if you became terminally ill or permanently unconscious. On its own, it names no one to act on it.

Used together, the proxy gives someone the legal authority to act, and the living will tells that person exactly what to do with it.

How We Help

1. Review your situation. We talk through your family circumstances, existing estate planning documents, and any specific medical wishes or concerns you already have.
2. Identify the right agent. We help you choose a primary health care agent, and a backup, who can be reached quickly and is willing to carry out your wishes even under pressure from other family members.
3. Draft both documents. We prepare a health care proxy and a living will tailored to you, rather than generic forms, so the language actually reflects your preferences on life support, resuscitation, artificial nutrition, and other end-of-life decisions.
4. Coordinate proper execution. New York requires a health care proxy to be signed in front of two adult witnesses. We make sure your signing meets every statutory requirement so the document holds up when it's needed.
5. Integrate with your broader plan. We make sure your health care proxy and living will work alongside your power of attorney, will, and any trusts, so your family isn't left piecing together separate documents from different years.
6. Keep copies accessible. We advise you on distributing signed copies to your agent, your physician, and family members, so the documents are actually available at the moment they're needed.

Why You Need Both, Not Just One

Clients sometimes ask if they really need both documents, or if one covers the other. It doesn't work that way — one names a decision-maker, the other tells that decision-maker what to do.

Neither document requires a trip to court, and both can be updated any time your circumstances or wishes change. The work is in getting them drafted and signed correctly the first time.

Frequently Asked Questions