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Question: What is a Living Will?
Answer: A Living Will is a legal document that allows competent adults to state their wishes
regarding their future health care, especially with regard to the use (or non-use) of life-
sustaining treatment when there is no reasonable expectation of recovery. (Also known as
an Advance Directive for Health Care, or a Health Care Declaration.)
. . .
Question: Is a Living Will valid in New York?
Answer: Yes. Although New York does not have a specific statute recognizing Living Wills
(like most other States), the New York courts have held that the common law recognizes the
general right of a competent adult to accept or decline medical treatment. As such, clear and
unequivocal instructions, made when the adult is competent, are still valid when the adult is
no longer competent.
. . .
Question: What should I do after I get my Living Will?
Answer: You should provide a copy to your physicians and loved ones. In addition, keep a
copy at a secure location where anyone who might need to know can find the document. If
there is a high likelihood of the document being needed on a moments notice, many people
use a magnet to post a copy on their refrigerator or wear a medallion or “dog tag” that directs
ambulance, hospice or other emergency medical professionals where to find the document.
It is also not uncommon to post a copy of your Living Will on the wall if you go into an
extended period of illness. These precautions assure that any medical professional who
needs to know can readily access this information.
. . .
Question: What is a DNR?
Answer: A DNR is a “Do Not Resuscitate” Order you can authorize to be issued to your
physician.
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