Living Will

What it means

A written document in which a person describes the medical treatment they would want — or refuse — if they later become unable to speak for themselves. Common topics include life-prolonging measures (mechanical ventilation, CPR), artificial nutrition and hydration, antibiotics in end-of-life situations, organ donation, and pain management. New York does not have a living-will statute, but New York courts have long recognized written and oral statements of treatment wishes when made by a person with capacity (Matter of Westchester County Med. Ctr. on Behalf of O'Connor and similar cases). For practical purposes, most New Yorkers pair a health care proxy (which names an agent) with a living will (which expresses treatment wishes) so the agent has clear instructions. Some end-of-life decisions are also captured in a MOLST form signed by a physician. The living will can be drafted without a lawyer using template forms from the NY State Bar Association and other sources.

When you might hear this

A living will is a written document where a person spells out the medical treatment they want — or do not want — if they later cannot speak for themselves. It is used together with a health care proxy in most New York estate plans.

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