Living Wills and Health Care Package - New York 2026

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  1. Click ‘Get Form’ to open the Living Wills and Health Care Package in the editor.
  2. Begin with the Health Care Proxy form. Here, you will designate an agent who can make medical decisions on your behalf if you are unable to do so. Fill in your agent's name and contact information.
  3. Next, complete the Health Care Decisions Statutory form. This section allows you to specify your wishes regarding life-prolonging treatments. Clearly indicate your preferences for procedures, artificial feeding, and fluids.
  4. If needed, use the Revocation of Health Care Proxy form to cancel any previous proxies. Ensure that you sign and date this document.
  5. For organ donation preferences, fill out the Statutory Anatomical Gift form. Specify which body parts you wish to donate and ensure it is witnessed as required by law.
  6. Finally, if you wish to revoke any anatomical gifts, complete the Revocation of Anatomical Gift form following similar witnessing requirements.

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Can a healthcare proxy override a living will? A Health Care Proxy cannot override any provisions made in a Living Will. A Living Will is legally-binding and must be followed. Therefore, it is helpful to both the Proxy and the medical care team if the Living Will is detailed and specific as possible.
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 persons wishes.
In order for the health care proxy to become effective, two doctors must decide that you are not able to make your own decisions. Living will allows you to leave written instructions that explain your health care wishes, especially about end-of-life care.
Health care power of attorney Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care. However, like a living will, the proxy only has power to act on your behalf when you are unable to do so yourself, whether from loss of consciousness or mental ability.
Upon admission, a nurse must assess for a living will, document it, communicate the patients wishes to the healthcare team, respect those wishes in care, and encourage updates of the living will as needed. These steps are crucial for ensuring that the patients preferences regarding treatment are honored.

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