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A Health Care Proxy is one of the most important — and most misunderstood — documents in any New York estate plan. It is the instrument that lets you name a trusted person to make medical decisions for you if you cannot speak for yourself. At Morgan Legal Group, we treat the proxy not as a fill-in-the-blank form, but as the foundation of a fiduciary relationship: the moment you sign one, you are appointing an agent who will owe you binding legal and ethical duties.

This page is written for two audiences. First, for New Yorkers — across New York City, Long Island, Westchester, the Hudson Valley, and Upstate — who are deciding whom to name and how to do it correctly. Second, and just as importantly, for the agents themselves: the spouses, adult children, siblings, and friends who accept this role often without understanding the recordkeeping, decision-making, and good-faith obligations it carries. Our emphasis throughout is on those obligations, because a proxy is only as protective as the agent’s diligence in honoring it.

One sentence that prevents most New York mistakes: A Health Care Proxy is a separate document from a financial Power of Attorney. A financial POA — even a fully durable one under GOL §5-1513 — does not authorize your agent to make medical decisions. You need both.

Why the Health Care Proxy and the Financial POA Are Two Different Documents

New York deliberately splits authority over your money from authority over your body, and it does so through two separate legal regimes.

Your financial authority is governed by the General Obligations Law. The Statutory Short Form Power of Attorney under GOL §5-1513 — substantially amended effective June 13, 2021 — lets an agent handle banking, real estate, taxes, and benefits. That document is durable by default under New York law: it stays effective even if you become incapacitated unless the form expressly says otherwise. (Compare our pages on the durable POA and the springing POA for the timing options.)

Your medical authority is governed by the Public Health Law’s Health Care Proxy provisions — an entirely different statute. The agent you name in your proxy can consent to or refuse treatment, choose providers and facilities, and access your medical records, but only after a physician determines you lack capacity to make the decision yourself.

The two documents do not overlap, and one cannot substitute for the other:

Feature Financial Power of Attorney Health Care Proxy
Governing law NY General Obligations Law §5-1513 NY Public Health Law (Health Care Proxy)
What the agent decides Banking, property, taxes, benefits Medical treatment, providers, records
When it works Durable by default — survives incapacity Activates only when a physician finds you lack capacity
Witnesses to sign Two disinterested witnesses + notarization Two adult witnesses (no notary required)
Gifting power Up to $5,000/year without special modification Not applicable
Can one cover the other? No — does not reach health care No — does not reach money or property

Because clients so often assume one form does everything, we build estate plans that include both, executed correctly, so there is no gap on the day a hospital actually asks “who decides?” See our POA overview for how these documents fit together.

Who You Are Really Appointing: The Health Care Agent as a Fiduciary

When you sign a Health Care Proxy, you are not merely listing an emergency contact. You are designating a fiduciary — a person the law holds to heightened standards of loyalty, care, and good faith. Understanding those standards is the difference between a proxy that protects you and one that invites conflict.

The agent’s core legal duties

A New York health care agent must:

Recordkeeping: the professional standard we coach every agent to meet

Although New York’s proxy statute does not impose a formal accounting like a financial POA might, the practical reality is that a diligent agent keeps records. We coach the agents in our clients’ plans to maintain a simple, contemporaneous file:

This is not bureaucracy for its own sake. Good recordkeeping is the single best protection an honest agent has if a decision is later questioned by another family member, and it is the clearest evidence that the agent honored the principal rather than substituting their own judgment.

Abuse Safeguards: How New York Protects the Principal

A fiduciary appointment is also a point of vulnerability, and New York law builds in safeguards that every principal and agent should understand.

These guardrails are why naming the right agent — and naming a clearly identified alternate — matters as much as the form itself. The strongest safeguard against abuse is choosing a person whose loyalty and judgment you trust without reservation.

Executing a Valid New York Health Care Proxy

A proxy is only protective if it is executed correctly. New York’s requirements are straightforward but unforgiving:

We always recommend pairing your proxy with a clear statement of your wishes — sometimes through accompanying directive language — so your agent is never forced to guess. Because the proxy and the financial POA are signed together in most plans, we make sure each meets its own execution standard: two witnesses for the proxy; two witnesses plus notarization for the GOL §5-1513 financial form.

How the Financial POA’s 2021 Rules Affect the Same Plan

Clients frequently sign their proxy and their financial POA in one sitting, so it helps to know how the financial side changed. The June 13, 2021 amendments to GOL §5-1513 modernized New York’s Statutory Short Form. Key points your planner should confirm:

None of this touches your Health Care Proxy — but it underscores the theme of this page: in New York, financial fiduciary authority and medical fiduciary authority are two separate, carefully regulated grants. For the full statutory walkthrough, see our New York POA law guide.

Frequently Asked Questions

Does my financial Power of Attorney let my agent make medical decisions?

No. A financial POA under GOL §5-1513 covers money, property, and benefits — never health care. Medical decision-making authority comes only from a separate Health Care Proxy governed by the Public Health Law. To be fully protected, most New Yorkers need both documents.

Does a New York Health Care Proxy have to be notarized?

No. Unlike the financial POA — which must be acknowledged before a notary, like a real-property deed — a Health Care Proxy requires only your signature and the signatures of two adult witnesses. The person you name as your health care agent cannot be one of those witnesses.

When does my health care agent’s authority actually begin?

Only after a physician determines that you lack the capacity to make a particular medical decision yourself. Until that point, you remain fully in control. If you later regain capacity, decision-making authority returns to you immediately.

Can I change my mind after signing a proxy?

Yes. You may revoke a Health Care Proxy at any time — by signing a new one, by a written revocation, by notifying your physician, or by any clear act showing intent to revoke. New York applies a generous standard to revocation. Our revoking a POA page covers the related financial-side rules.

What duties does my health care agent legally owe me?

Your agent is a fiduciary. They must follow your known wishes, apply your values where your specific wishes are unknown (substituted judgment), act in good faith and free of self-interest, stay medically informed, and act only within the scope you granted once your incapacity is established.

Talk to a New York Estate Planning Attorney

Whether you are choosing an agent, accepting the responsibility of serving as one, or coordinating a Health Care Proxy with a durable financial POA, the details decide whether the documents work when they are needed. Attorney Russel Morgan, Esq. and the team at Morgan Legal Group prepare fiduciary-grade plans for clients across New York State.

Schedule a 30-minute consultation with Russel Morgan, Esq. »

Further reading from Morgan Legal Group: power of attorney in New York.