What is a health care proxy in New York?

What the Law Says

New York law authorizes adults to appoint a health care agent using a statutory short form or other written document meeting specific requirements.

A health care proxy is created under New York's Public Health Law Article 29-C. It allows a competent adult (18 years or older) to designate another person — called a 'health care agent' — to make medical decisions on their behalf if they lose the capacity to decide for themselves.

The law does not require a lawyer, notary, or court involvement. But the document must be signed by the principal (the person creating the proxy) and witnessed by two adults who are not the agent, not related by blood or marriage, and not entitled to any part of the principal’s estate.

The agent’s authority begins only when a licensed physician determines — and records in writing — that the principal lacks capacity to make health care decisions. The agent must follow the principal’s known wishes or, if unknown, act in their best interests.

Statutory Text

Any competent adult may designate a health care agent… by executing a health care proxy.

— N.Y. Pub. Health Law § 2965(1) — Designation of health care agent

Statutory Text

The health care agent shall make health care decisions… in accordance with the principal’s wishes, including religious and moral beliefs, to the extent known to the agent.

— N.Y. Pub. Health Law § 2980(2) — Duties of health care agent

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