New York: Living Will
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1 New York: Living Will NOTE: This form is being provided to you as a public service. The attached forms are provided as is and are not the substitute for the advice of an attorney. By providing these forms and information, Everplans is not providing legal advice to you. Consult an attorney if you need legal advice of any nature. Read more and get more forms at Everplans Advance Directive page.
2 A NOTE ABOUT THIS DOCUMENT TheStateofNewYorkdoesnothaveastatutegoverningLivingWills,buttheCourtofAppeals, NewYork shighestcourt,hasstatedthatlivingwillsarevalidaslongastheyprovide clear andconvincing evidenceofyourwishes.ifyouare18yearsofageorolder,youmayexpress yourwishesinwritingaboutyourhealthcarebysigningalivingwill. ThereisnostandardformforaLivingWillinNewYork,butwehaveprovidedthisformasan examplebasedonlivingwillformsfromotherstates.youmaymakechangestothisformor useanyotherformtobetterexpressyourhealthcarewishes. PART 1: TREATMENT PREFERENCES A. Statement of Goals and Values Optional:Formvalidifleftblank Iwanttosaysomethingaboutmygoalsandvalues,andespeciallywhat smostimportantto meduringthelastpartofmylife: B. Preference in Case of Terminal Condition Ifyouwanttostatewhatyourpreferenceis,initialoneonly.Ifyoudonotwanttostateapreference here,crossthroughthewholesection. Ifmydoctorscertifythatmydeathfromaterminalconditionisimminent,eveniflife sustainingproceduresareused: 1. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantanymedical interventionsusedtotrytoextendmylife.idonotwanttoreceivenutritionandfluidsby tubeorothermedicalmeans. 2. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantmedical interventionsusedtotrytoextendmylife.ifiamunabletotakeenoughnourishmentby mouth,however,iwanttoreceivenutritionandfluidsbytubeorothermedicalmeans. 3. Trytoextendmylifeforaslongaspossible,usingallavailableinterventionsthat inreasonablemedicaljudgmentwouldpreventordelaymydeath.ifiamunabletotake enoughnourishmentbymouth,iwanttoreceivenutritionandfluidsbytubeorother medicalmeans. LearnmoreaboutAdvance(Directivesandotherend.of.lifetopicsatwww.everplans.com Page 1 of 4
3 C. Preference in Case of Persistent Vegetative State Ifyouwanttostatewhatyourpreferenceis,initialoneonly.Ifyoudonotwanttostateapreference here,crossthroughthewholesection. IfmydoctorscertifythatIaminapersistentvegetativestate,thatis,ifIamnotconsciousand amnotawareofmyselformyenvironmentorabletointeractwithothers,andthereisno reasonableexpectationthatiwilleverregainconsciousness: 1. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantanymedical interventionsusedtotrytoextendmylife.idonotwanttoreceivenutritionandfluidsby tubeorothermedicalmeans. 2. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantmedical interventionsusedtotrytoextendmylife.ifiamunabletotakeenoughnourishmentby mouth,however,iwanttoreceivenutritionandfluidsbytubeorothermedicalmeans. 3. Trytoextendmylifeforaslongaspossible,usingallavailableinterventionsthat inreasonablemedicaljudgmentwouldpreventordelaymydeath.ifiamunabletotake enoughnourishmentbymouth,iwanttoreceivenutritionandfluidsbytubeorother medicalmeans D. Preference in Case of EndStage Condition Ifyouwanttostatewhatyourpreferenceis,initialoneonly.Ifyoudonotwanttostateapreference here,crossthroughthewholesection. IfmydoctorscertifythatIaminanendstatecondition,thatis,anincurableconditionthat willcontinueinitscourseuntildeathandthathasalreadyresultedinlossofcapacityand completephysicaldependency: 1. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantanymedical interventionsusedtotrytoextendmylife.idonotwanttoreceivenutritionandfluidsby tubeorothermedicalmeans. 2. Keepmecomfortableandallownaturaldeathtooccur.Idonotwantmedical interventionsusedtotrytoextendmylife.ifiamunabletotakeenoughnourishmentby mouth,however,iwanttoreceivenutritionandfluidsbytubeorothermedicalmeans. 3. Trytoextendmylifeforaslongaspossible,usingallavailableinterventionsthat inreasonablemedicaljudgmentwouldpreventordelaymydeath.ifiamunabletotake enoughnourishmentbymouth,iwanttoreceivenutritionandfluidsbytubeorother medicalmeans. LearnmoreaboutAdvance(Directivesandotherend.of.lifetopicsatwww.everplans.com Page 2 of 4
4 E. Pain Relief Nomatterwhatmycondition,givemethemedicineorothertreatmentIneedtorelievepain. F. In Case of Pregnancy Optional,forwomenofchildbearingyearsonly;formvalidifleftblank IfIampregnant,mydecisionconcerninglife.sustainingproceduresshallbemodifiedas follows: G. Effect of Stated Preferences Readbothofthesestatementscarefully.Then,initialoneonly. 1. IrealizeIcannotforeseeeverythingthatmighthappenafterIcannolonger decideformyself.mystatedpreferencesaremeanttoguidewhoeverismakingdecisions onmybehalfandmyhealthcareproviders,butiauthorizethemtobeflexibleinapplying thesestatementsiftheyfeelthatdoingsowouldbeinmybestinterest. >>OR(<<( 2. IrealizeIcannotforeseeeverythingthatmighthappenafterIcannolonger decideformyself.still,iwantwhoeverismakingdecisionsonmybehalfandmyhealth careproviderstofollowmystatedpreferencesexactlyaswritten,eveniftheythinkthat somealternativeisbetter. LearnmoreaboutAdvance(Directivesandotherend.of.lifetopicsatwww.everplans.com Page 3 of 4
5 PART 2: SIGNATURE AND WITNESSES BysigningbelowastheDeclarant,IindicatethatIamemotionallyandmentallycompetentto makethisadvancedirectiveandthatiunderstanditspurposeandeffect.ialsounderstand thatthisdocumentreplacesanysimilaradvancedirectiveimayhavecompletedbeforethis date. By: SignatureofDeclarant Date: Month/Day/Year TheDeclarantsignedoracknowledgedsigningthisdocumentinmypresenceand,basedupon personalobservation,appearstobeemotionallyandmentallycompetenttomakethisadvance directive. Date: SignatureofWitness1 Month/Day/Year PhoneNumber(s) Date: SignatureofWitness2 Month/Day/Year PhoneNumber(s) Note:AnyoneselectedasahealthcareagentinPartIshouldnotbeawitness.Also,atleastoneofthe witnessesshouldbesomeonewhowillnotknowinglyinheritanythingfromthedeclarantorotherwise knowinglygainafinancialbenefitfromthedeclarant sdeath.moststatesdonotrequirethisdocumentto benotarized. LearnmoreaboutAdvance(Directivesandotherend.of.lifetopicsatwww.everplans.com Page 4 of 4
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