Living Will Forms for New York and New Jersey: What You Actually Need

New York and New Jersey handle advance directives somewhat differently, and the terminology can create confusion. In New York, the primary document is called a healthcare proxy. In New Jersey, the primary document is called an advance directive. Neither state calls its primary document a "living will" — but both allow you to document your medical treatment preferences in writing.

Here's what you actually need in each state, how to complete the forms correctly, and where to get them.

New York: The Healthcare Proxy and Your Choices About Treatment

New York does not use the term "living will" as an official document name. Instead, the state's framework rests on two components:

The New York Healthcare Proxy

The healthcare proxy is the core document. It appoints a healthcare agent — the person who will make medical decisions on your behalf if you cannot speak for yourself. This is the equivalent of a medical power of attorney in other states.

Who can be your agent: Any adult (18+) except your doctor or the operator of a healthcare facility where you're receiving treatment.

Witness requirements: The proxy must be signed in the presence of two adult witnesses. The witnesses cannot be your healthcare agent. The witnesses sign to attest that you appeared to be of sound mind and not under duress — not to verify the content of the document.

Notarization: Not required in New York for the healthcare proxy.

Where to get it: The New York State Department of Health publishes the official form for free at health.ny.gov. CaringInfo (caringinfo.org) also provides state-specific versions.

Expressing Treatment Wishes in New York

New York does not have a separate statutory "living will" form. However, your healthcare proxy document has space to write specific instructions about treatment preferences — and you can attach a separate statement of wishes.

If your parent wants to ensure that doctors and the healthcare agent know their specific preferences (for example, no mechanical ventilation if there is no chance of recovery, or no artificial nutrition if in a permanent unconscious state), those preferences should be written out clearly and either included in the proxy document or attached as a separate document.

The more specific and concrete the language, the more useful it is. Vague phrases like "no extraordinary measures" are open to interpretation. Specific scenarios and corresponding preferences ("if I am in a persistent vegetative state with no reasonable chance of recovery, I do not want a feeding tube") give your healthcare agent clearer guidance.

MOLST in New York

For older adults or people with serious illness who are already in the medical system, New York also uses the MOLST (Medical Orders for Life-Sustaining Treatment) form. Unlike the healthcare proxy, the MOLST is a physician's order — it translates the patient's wishes into medical instructions that travel with the patient across care settings.

A MOLST is not something you complete at home on your own. It is completed with a physician or nurse practitioner based on the patient's current health status and wishes. It is appropriate for people with serious illness, advanced age, or frailty — not generally for healthy adults planning ahead.

New Jersey: The Advance Directive

New Jersey uses the term "advance directive" as the umbrella term for its official document. The NJ advance directive combines two components in one form:

Proxy directive (Part One): Names a healthcare representative — New Jersey's term for what other states call a healthcare agent or proxy. This person makes decisions if you cannot.

Instruction directive (Part Two): Records your specific wishes about treatment. New Jersey's official form offers a detailed set of checkboxes covering:

• Life-sustaining treatment in terminal illness
• Life-sustaining treatment in permanent unconsciousness
• Life-sustaining treatment in end-stage condition
• Artificial nutrition and hydration preferences in each scenario
• Organ and tissue donation

You can complete Part One only (just naming a representative), Part Two only (just listing treatment preferences without naming a proxy), or both.

Witness and Notarization Requirements in New Jersey

New Jersey's advance directive requires either:

• Two adult witnesses, or
• One notary public to acknowledge the signature

The witnesses cannot be your healthcare representative or anyone who would benefit from your estate. The witnesses must sign to attest that you appeared to be competent and acting voluntarily.

Where to Get the NJ Advance Directive Form

The New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care (commonly called the New Jersey Bioethics Commission) publishes the official form. CaringInfo at caringinfo.org provides the New Jersey form in a downloadable PDF.

The NJ State Bar Foundation also makes the form available at no cost.

Key Differences Between New York and New Jersey

If Your Parent Moves Between States

Advance directives, healthcare proxies, and living wills are generally portable between states under most circumstances — but this is not guaranteed. Most states have laws that honor out-of-state documents if they were valid where executed, but gaps exist.

If a parent divides time between New York and Florida, or New Jersey and Arizona, it is worth having valid documents in each state — or using the Five Wishes document, which is accepted as a legally valid advance directive in 42 states and is written in plain language.

The safest approach: complete state-specific forms for any state where your parent regularly receives medical care or lives for extended periods.

Common Mistakes to Avoid

Failing to give copies to the right people. A completed form sitting in a file cabinet is not useful in a hospital. Give copies to your parent's primary care physician, any specialists, the hospital or care facility your parent uses, and the named healthcare agent. In New York, documents can also be registered with the state's Health Care Proxy Registry.

Naming the wrong witness. Both states disqualify the named healthcare agent/representative as a witness. Confirm that witnesses meet the legal requirements before signing.

Using an outdated form. Forms change over time. Download a current version from an official or reputable source rather than using one from several years ago.

Skipping the conversation. A signed document is only part of the answer. The healthcare agent needs to understand your parent's values and preferences in depth — enough to make difficult judgment calls in situations the document does not explicitly cover. The form creates legal authority; the conversation creates the understanding to use it well.

The End-of-Life Planning Workbook includes fill-in worksheets for recording healthcare wishes, a document locator to track where all signed copies are stored, and a guide to having the conversations that make these documents meaningful. It's designed to walk adult children and their parents through the full planning process — from the first uncomfortable conversation to the final signed documents.