Document end-of-life preferences in New York: New York Living Will
What is a New York Living Will?
A New York Living Will is a legal document that sets forth your preferences in relation to medical care, such as your refusal of or request for a certain medical treatment or procedure, in addition to the appointment of a chosen healthcare agent.
The individual making a Living Will is known as the "principal," and the individuals or entities receiving permission to carry out the principal's wishes are called "agents." Suited for residents of New York, this free Living Will can be used in New York County, Kings County, Queens County, and in all other parts of the state. Any New York Living Will form from Rocket Lawyer can be tailored for your specific situation. This legal document will outline your preferences for your agent(s), and it will confirm that they have been given the authority to make choices for you.
When to use a New York Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my New York Living Will reviewed?
If you already have a New York Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
New York Living Will FAQs
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How do I write a Living Will in New York?
It's very simple to record your medical preferences using a free New York Living Will template from Rocket Lawyer:
- Make your Living Will - Provide a few basic details, and we will do the rest
- Send and share it - Go over it with your healthcare agent or ask a legal question
- Sign it and make it legal - Mandatory or not, notarization and witnesses are a best practice
This method is, in many cases, much more affordable than working with your average lawyer. If necessary, you can start a Living Will on behalf of a family member, and then have them sign it once you've drafted it. Keep in mind that for a Living Will to be considered legally valid, the principal must be mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship might be required. In such a scenario, it would be a good idea for you to speak with an Legal Pro.
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Do I need to make a Living Will?
Every person over 18 ought to have a Living Will. Although it's unpleasant to think about, there could come a time when you are not able to make healthcare decisions on your own. Common circumstances where it would be useful to make or update your Living Will include:
- You are facing the possibility of surgery or hospitalization
- You are getting older or have declining health
- You have been diagnosed with a terminal illness
- You are preparing to move into a community care facility
Regardless of whether your New York Living Will has been made as a result of a recent change in your health or as part of a forward-looking plan, witnesses and notarization are strongly encouraged as a best practice for protecting your document if its validity is doubted by a third party.
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Should I work with an attorney to review my Living Will in New York?
It’s a good idea to have important documents like your New York Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your New York Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much might I usually pay for an attorney to help me make a Living Will in New York?
Attorney fees for drafting or reviewing a New York Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized New York Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in New York?
The rules governing Living Wills will be different in each state; however, in New York, your Living Will needs the signatures of two witnesses. The witnesses to your document cannot include the person who signed the Living Will on your behalf (if applicable). As a general rule, witnesses should be at least 18 years old, and none of them should simultaneously be named as your healthcare agent.
