Health Care Proxy Lawyer — New York
A health care proxy lets you name the person who makes your medical decisions if you cannot speak for yourself. Every adult in New York should have one — and how it is drafted decides whether your agent can actually act when it counts.
Ronald S. Cook, P.C. prepares health care proxies that comply with New York’s Public Health Law and coordinate with your living will and power of attorney. With over 25 years of practice and dual LL.M. degrees in Bankruptcy and Taxation, Attorney Cook makes sure the document closes the gaps that leave families powerless in an emergency.
Call toll-free: (888) 275-2620. Available 24/7.
A health care proxy is the New York document by which you — the principal — appoint a health care agent to make medical decisions on your behalf if you lose the ability to make them yourself. It is authorized by statute under Public Health Law Article 29-C (§§ 2980 through 2994). Unlike a living will, which states your treatment wishes directly, a proxy names a trusted person to decide. The two documents work best together, and both differ entirely from a power of attorney, which covers money and property rather than medical care.
Who Needs a Health Care Proxy
Any competent adult in New York can — and should — appoint a health care agent. There is no residency requirement and you are presumed competent to sign unless a court has ruled otherwise. The common assumption that proxies are only for the elderly or seriously ill is wrong. A sudden accident or illness can leave anyone temporarily unable to communicate, and without a proxy the people closest to you may have no legal authority to direct your care or even obtain information about your condition.
What Your Agent Can Decide
Broad authority over medical decisions. Subject to any limits you write into the document, your agent may make any health care decision you could make yourself — consenting to or refusing treatment, choosing among providers and facilities, and making end-of-life decisions. The agent also has the legal right to the medical records and information needed to make informed choices.
Authority that activates only on incapacity. Your agent has no power while you can still make your own decisions. Authority commences only when your attending physician determines, to a reasonable degree of medical certainty, that you have lost the capacity to make health care decisions. Until then, you remain fully in control.
Priority over other decision-makers. Once it takes effect, your agent’s authority generally takes priority over that of any other person, which prevents the family disputes that arise when no one has been formally named.
What it does not cover. A health care proxy governs medical decisions only. It does not authorize financial transactions — that requires a separate power of attorney — and it is not a will.
⚠️ The artificial nutrition and hydration rule everyone gets wrong.
New York treats feeding tubes and intravenous fluids differently from every other decision. Under Public Health Law § 2982, your agent can make decisions about artificial nutrition and hydration only if your wishes on that subject are reasonably known. If they are not, your agent loses authority over those measures entirely and cannot fall back on a best-interests judgment the way they can for other care.
A proxy that is silent on artificial nutrition and hydration leaves a hole exactly where families face the hardest choices. We make sure your wishes on this point are stated in the document itself or in a coordinated living will, so your agent has the authority you intend.
How We Prepare and Execute Your Proxy
Choose your agent and an alternate
Your agent must be an adult you trust to follow your wishes under pressure. We recommend naming an alternate in case your first choice is unavailable, and we discuss how to talk with them in advance.
State your wishes and any limits
We document your instructions — especially on artificial nutrition and hydration — and any limits on the agent’s authority. The proxy can also record optional organ and tissue donation wishes.
Execute with two witnesses
A New York proxy requires two adult witnesses and, unlike a power of attorney, no notary. The person you name as agent cannot serve as a witness — a frequent do-it-yourself mistake that voids the document.
A proxy remains in effect until you revoke it, unless you set an expiration date or condition. If your agent’s authority has already commenced, the proxy cannot expire while you lack capacity. You may revoke or replace it at any time while competent, and a proxy validly executed in another state is generally recognized in New York.
Name your health care decision-maker before an emergency makes the choice for you.
Call toll-free (888) 275-2620 or contact the law firm.
Young Adults and College Students
The need most families overlook is the one that arrives at age 18. The moment your child becomes a legal adult, you lose the automatic right to make their medical decisions and, under federal privacy law, even to receive information about their condition. For a college student living away from home, that means a hospital may decline to discuss the situation with a parent during an emergency. A health care proxy — ideally paired with a privacy authorization — restores your ability to be involved. We cover this scenario in detail on our health care proxy for college students page.
How It Fits Your Estate Plan
A health care proxy is one part of a complete advance-planning set. It pairs with a living will that records your treatment wishes, a durable power of attorney for your finances, and a will or trust to direct your estate. We prepare these together and check them for consistency, because a proxy and living will that contradict each other can leave a provider unsure which to follow. See our estate planning overview, and where long-term care is a concern, our elder law page.
Frequently Asked Questions
Does a health care proxy need to be notarized in New York?
No. A New York proxy requires only two adult witnesses, not a notary. The agent you name cannot be one of those witnesses.
When does my agent’s authority begin?
Only when your attending physician determines you have lost the capacity to make your own health care decisions. While you can decide for yourself, you remain in control.
Do I still need a living will if I have a proxy?
They serve different functions, and most people benefit from both. The proxy names who decides; the living will tells that person and your doctors what you want. The living will is also how you make your wishes about artificial nutrition and hydration reasonably known.
Can I change or revoke my proxy?
Yes, at any time while you have capacity. We handle revocations and replacements so there is no gap or conflicting document in circulation.
What Our Clients Say
“Mr. Cook is the best lawyer I have worked with. The quality of the service is second to none. He under-promises and over-delivers. I strongly recommend his advice and services.”
“Mr. Cook helped us with our estate planning needs. He took the time to explain all our options in plain terms and customized our documents to our specific needs — not a cookie-cutter approach. We highly recommend him.”
Client reviews reflect individual experiences and do not guarantee a similar outcome. Prior results do not guarantee future results.
Contact Us
Call toll-free: (888) 275-2620. Available 24/7.
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Related estate planning services: living will, power of attorney, and drafting your will.
Last reviewed by Attorney Ronald S. Cook — May 2026
This page is for informational purposes only and does not constitute legal advice.
