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New York Health Care Law - A Living Will


While New York does not have a statute governing Living Wills, the Court of Appeals, New York’s highest court, has stated that Living Wills are valid as long as they provide "clear and convincing" evidence of your wishes.9 If you are 18 years of age or older, you may express your wishes in writing about your health care by signing a Living Will.
 
There is no standard Living Will form. Below are some things to consider in planning and signing your Living Will.
 
Step 1: Understand the Authority of Your Living Will:
 
- A Living Will is a written declaration of your health care wishes. In your Living Will, you can leave specific instructions about medical treatments you may or may not want, when you are no longer able to decide for yourself.
 
- A Living Will serves as evidence of your wishes.
 
Step 2: Write Your Living Will:
 
- You can use a Living Will to write your wishes about care at the end of life. You may describe the medical situations in which you would accept or refuse medical treatment. You may specify the kind of treatment that you may or may not want. For example, you may state whether you wish to be kept alive with a feeding tube or intravenous feeding if you are terminally ill or comatose and there is no hope you will recover
 
- You may want to consult a Lawyer if you wish to address issues not covered in the form included with this guide - like whether you want medical treatments such as CPR, blood transfusions and dialysis, or whether you want to be kept alive on machines for a short time if necessary to be an organ donor. A custom-tailored Living Will can help make clear your objection to unwanted medical treatments.
 
- If you have questions, discuss them with your doctor, a patient representative at a hospital, or a Lawyer.
 
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