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Making a New York Healthcare Power of Attorney
A New York Healthcare Power of Attorney is a legal document that grants a person or organization permission to make healthcare decisions for you, such as refusing or accepting specific medical treatments or procedures, if you cannot do so.
The individual giving permission is called the "principal," while the person or entity gaining powers is known as the "agent." Designed for New York residents, this Power of Attorney for health care is made for use in Kings County, Queens County, New York County, and in all other parts of the state. All New York Healthcare PoA forms from Rocket Lawyer can be tailored to address your specific scenario. With this official document on hand, your agent can provide confirmation to healthcare providers and other parties that they can legally act in your interest when you are not able.
It's very simple to grant or receive the authority you might need with a free New York Healthcare Power of Attorney template from Rocket Lawyer:
This method is, in many cases, much less expensive than working with the average law firm. If necessary, you can prepare a Medical PoA on behalf of a family member, and then help that person sign after you've drafted it. Please remember that for a PoA form to be considered legally valid, the principal must be a mentally competent adult when they sign. If the principal has already been declared incompetent, a conservatorship may be required. When managing this situation, it is best for you to talk to a lawyer.
Every person over 18 years old should have a Healthcare Power of Attorney. Even though it is challenging to acknowledge, a time could come when you aren't able to make your own healthcare decisions. Common occasions in which a PoA may be helpful include:
Regardless of whether this New York Healthcare Power of Attorney is being created as a result of an emergency or as part of a long-term plan, notarization and/or witnesses can help to protect your agent if someone doubts their privileges and authority.
When discussing the subjects of estate planning and elder care with legal or medical professionals, you might find that "healthcare power of attorney" and "healthcare proxy" are used interchangeably. In actuality, they are one and the same. That being said, you should keep in mind that it is absolutely possible to establish power of attorney over affairs that are not health-related. In that case, "proxy" is not typically used.
New York Medical PoA forms are usually simple to make; however, you or your agent could still have questions. Getting an attorney to double-check your document can take a lot of time if you do it alone. Another approach could be through Rocket Lawyer attorney services. Premium members can request guidance from an experienced attorney or pose additional questions. As always, you can live confidently with Rocket Lawyer by your side.
The cost of working with a traditional legal provider to create a Medical Power of Attorney could total anywhere from $200 to $500, based on your location. Rocket Lawyer offers much more than many other Power of Attorney template providers that you might find elsewhere. As a Rocket Lawyer Premium member, you can get up to a 40% discount when hiring an attorney from our network.
With a membership, you may make edits, download it as a PDF document or Word file, and/or print it. In order to make your Power of Attorney truly legal, you will need to sign it. You should provide a final copy of your signed document to your agent(s), care providers, and other impacted parties.
The specifications and restrictions vary in each state; however, in New York, your Power of Attorney will need to be signed by two witnesses. The witnesses to your document cannot include the person who signed the PoA on your behalf (if applicable). As a basic standard, your witness(es) should be over 18 years old, and no witness should simultaneously be designated as your PoA agent.
See New York Healthcare Power of Attorney law: PBH, Chapter 45, Article 29-C
Last reviewed or updated 08/27/2021