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Can My New York Living Will Require Doctors to Consult My Health Care Agent?
When clients sign their advance directives, a common question is: "Can my living will say that my health care agent must be consulted before the doctors make a decision?" This comes up often when the agent has medical training, such as a nurse, and the client wants that person to weigh in. The answer starts with understanding what a living will does, and what it does not do, under New York law.
First, No One Is Allowed to End Your Life
Many people worry that signing a living will gives doctors or family members permission to "pull the plug" whenever they think it is time. That is not how it works. A living will and a health care proxy do not authorize anyone to end your life.
These documents only address one situation: when the only thing keeping you alive is medical intervention, such as a ventilator, feeding tube, dialysis, or CPR. The question they answer is whether that treatment should be started, continued, or withheld. Doctors are never permitted to take action to cause your death because of a living will.
New York's Medical Aid in Dying Act, which took effect in August 2026, does not change this. It is a separate process that can only be started by a terminally ill adult who has decision-making capacity and makes the request personally. It cannot be requested through a living will or by a health care agent.
Living Will vs. Health Care Proxy
New York recognizes two main advance directives, and they work differently:
Health Care Proxy. This names a person, your health care agent, to make medical decisions for you if you cannot make them yourself. Your agent is expected to decide based on your wishes and, if your wishes are not known, based on your best interests.
Living Will. This states your own treatment wishes in writing, for example that you do not want life-sustaining treatment if you are terminally ill or permanently unconscious. In New York, a living will serves as clear evidence of your wishes, and medical providers can rely on it.
Once you are unable to make decisions, your health care agent generally becomes the person the medical team turns to. So, doctors are not supposed to make these decisions on their own; they make them with your agent.
Do You Want Your Agent to Decide, or Your Document?
This is the key question. If you sign a living will with specific instructions, those instructions speak for you. Your agent is expected to follow them, even if the agent would have chosen differently in the moment.
If what you really want is for your agent to make the call, using their judgment and knowledge of the situation, then you may not want to sign a living will at all. Instead, we encourage you to have honest, detailed conversations with your agent about your values and what you would want in different situations. This is especially appropriate when your agent is a nurse or other medical professional who can understand the diagnosis, ask the right questions, and challenge the medical team when needed.
Can You Require That Your Agent Be Consulted?
Yes. Your health care proxy can include specific instructions, and you can state that you want your agent informed and consulted before any major treatment decision is made. You can also express that you want your agent's medical background and opinion to be given weight.
In practice, if you have a health care proxy and you cannot make your own decisions, your agent should already be at the center of the conversation. Putting your wishes in writing reinforces that and leaves no room for doubt with the hospital or other family members.
Put Specific Wishes in Writing
Even if you prefer to leave decisions to your agent, any specific wishes you have should be in writing. Your agent may be under enormous stress, and family members may disagree. Written guidance helps your agent feel confident that they are doing what you wanted, not guessing.
You might write down:
Whether you would want a feeding tube, ventilator, or dialysis, and for how long
How you feel about CPR in different circumstances
Your views on pain management and comfort care
Religious or personal beliefs that should guide decisions
Who else, if anyone, you want your agent to consult
Other Things to Consider
Name an alternate agent. If your first choice is unavailable, an alternate can step in.
Give your agent access to information. A HIPAA authorization helps your agent get medical records and speak with providers.
Artificial nutrition and hydration. In New York, your agent can only make decisions about feeding tubes if your wishes are reasonably known, so it is important to say what you want.
Share copies. Give your documents to your agent, your doctors, and anyone else who may be involved.
Review regularly. Revisit your documents after a new diagnosis, a change in relationships, or a move.
Let Sammartino & Sultan Help You Plan
Choosing between a living will, a health care proxy with detailed instructions, or both is a personal decision. The estate planning team at Sammartino & Sultan can help you understand your options, put your wishes in writing clearly, and make sure your health care agent is prepared to speak for you.
Ready to put your health care wishes in place? Contact Sammartino & Sultan today to schedule a consultation with our New York estate planning attorneys.
About the Author
Christina has been practicing law in New York State, for over 7 years. She is a Pace University School of Law graduate. After passing the New York and New Jersey Bar Exams, she went on to work for several law firms with primary practice areas in Real Estate, Estate Planning, Estate Administrations, Guardianship proceedings under Article 81 of the Mental Hygiene Law, and Article 17A, Medicaid planning and applications. Christina is also certified as a Guardian, Court Evaluator, and Attorney for the AIP under Part 36 of the Rules of the Chief Judge.
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