About this guide

Some planning and legal documents can help you protect your family and prepare for emergencies, illness, or death. (It does not include a will for your property).

This guide explains the options and connects you to the forms you need. You can fill them out yourself, or find out if you qualify for free legal help. Use our Find a Lawyer search to find free or low-cost legal services near you.

Power of Attorney

A Power of Attorney is a written document which allows you to give legal authority to another person who is called an "agent," formerly called an "attorney in fact" (the person doesn't have to be a lawyer) to act on your behalf. You do not give up your ability to act for yourself by creating a Power of Attorney.

You can appoint anyone to be your agent, as long as they are at least 18 years of age. Your agent will have a great amount of power over your personal and financial affairs. Because of this, you must make sure the person you choose is trustworthy and honest. Do not appoint someone as your agent unless you trust them completely.

You can appoint more than one primary agent, though should carefully consider the practical consequences of doing so. If you appoint more than one primary agent, you can authorize them to act independently of one another. Otherwise, they must act jointly whenever acting as your agent. There is a place on the form for you to initial to allow your agents to act SEPARATELY.

You also can appoint back-upagents (“successor agents”) if your primary agent(s) is/are unable or unwilling to serve as your agent(s).

You decide which matters you would like your agent to handle on your behalf. These matters must be listed in the Power of Attorney form. For example, you could give the person the permission to do your banking or to sell a piece of property. 

You can also give your agent the authority to make gifts to individuals and/or charitable organizations. If you think these gifts may total more than $500 in one year, then you need to complete a supplemental form called the Statutory Gifts Rider. Completing this form should be done with the assistance of an attorney. .

The agent must act in your best interest. You have the right to terminate your agent if you don’t think they are acting in your best interest.

It is highly recommended that you speak with a lawyer before creating a Power of Attorney.

The Power of Attorney can be a very powerful document and it is important that it is prepared properly. We are making it available on LawHelpNY because we believe there may be a high need for this form during the pandemic.

If you can’t find legal help, you can create the Power of Attorney on your own.

Once the pandemic is over, the Power of Attorney should be redone with the assistance of an attorney. 

Need more help?

Get more answers to questions about Power of Attorney 

It is highly recommended that you speak with a lawyer before creating a Power of Attorney.

The Power of Attorney can be a very powerful document and it is important that it is prepared properly. We are making it available on LawHelpNY because we believe there may be a high need for this form during the pandemic.

If you can’t find legal help, you can create the Power of Attorney on your own. Once the pandemic is over, it is highly recommended that you review the Power of Attorney with the assistance of a lawyer.


Both you and your agent must have your signature notarized. Each of you will do this separately. During this period, remote notarization, or “e-notarization” is allowed so that you don’t have to meet with a notary in person. If you plan to use this option, check our e-notarization guide for updates and instructions.

You can find the form and instructions to create a Power of Attorney here
 

Health Care Planning

Health care planning, also called advance care planning, gives you the opportunity to plan for future medical care in case you become unable to make your own decisions.

It may include preparation of one or more straightforward legal forms which can help to ensure that your health care wishes are followed and your health care decisions are made by people you trust.

Health care planning begins by thinking through possible future health care scenarios and having conversations with family and friends about your wishes.

The two main planning documents are a Health Care Proxy and a Living Will. Depending on your wishes, you can have just a Health Care Proxy, just a Living Will, or both a Health Care Proxy and a Living Will.

A Health Care Proxy is a written document which gives legal authority to a person of your choosing to "step into your shoes" and to make medical decisions for you if you become temporarily or permanently unable to make decisions for yourself. The person you select should be someone you can trust to act on your behalf. 

Make sure your agent knows you are selecting them. This person will be able to make most decisions about your medical care, including decisions about life-sustaining treatment. It is important that you tell your agent what medical treatment decisions you would want them to make for you.

Your agent cannot make medical decisions for you about "nutrition" (receiving food) or "hydration" (receiving water) unless you specifically state your wishes in the Health Care Proxy form. 

You can also appoint an alternate agent if the primary agent becomes unable or unwilling to continue serving as your agent.

You must sign and date the Health Care Proxy in front of two witnesses. Your health care proxy does not need to be notarized. 

Your doctor or attending practitioner determines when you lack capacity to make medical decisions for yourself. They must put this determination in writing in your medical file before your agent can make decisions for you.

If necessary, your agent can request that the doctor make this determination.

If your doctor or attending practitioner determines that you have regained capacity, your agent stops making decisions for you.

You can change or revoke your Health Care Proxy at any time.

More information about health care proxies is available in this guide from the New York Attorney General’s Office.

A living will allows you to leave written instructions that explain what types of care you do or don't want to receive at the end of your life.

A living will is particularly important if you do not know anyone you want to name in a Health Care Proxy as your health care agent.

This document becomes effective when you become unable to make your own decisions and your doctor confirms that you have an incurable and terminal condition.

If you want to specify the circumstances for requesting or refusing specific treatments, you should create a living will.

You cannot use a living will to name a health care agent. To name an agent, you would also need to prepare a Health Care Proxy form. 

You can create both a Health Care Proxy form and a living will. If you have both documents, the living will can help guide your health care agent named in your Health Care Proxy if you become unable to make your own heatlhcare decisions at the end of your life.

With a Health Care Proxy you appoint a person to make decisions about your health care in case there comes a time when you cannot speak for yourself. 

A living will is a document that you prepare to make your health care wishes about life-prolonging procedures and end-of-life care known.

If there is a medical procedure or decision that you did not anticipate or plan for in your living will, and you have a Health Care Proxy, then the agent you appointed would make a decision about the medical procedure for you. The agent you appoint should know your wishes, values and beliefs.

If you’re not sure if you want to prepare a Health Care Proxy, a living will or both you can read more detailed information about the documents in this PDF on Advance Directives from the New York Attorney General’s Office.

If you are ready to create a Health Care Proxy, click here for the form and instructions.

If you are ready to create a Living Will, click here for the form and instructions.

After signing your Health Care Proxy or Living Will, follow these tips: 

  • Make several photocopies of the completed forms.
  • Keep the originals in a safe but accessible place (not a safe deposit box).
  • Give copies to your health care agent and alternate agent if you chose one, your attorney or other advisors, close family members, doctors, and anyone else you choose to involve in your health care.
  • Under New York law, any doctor who is given a Health Care Proxy form must arrange for a copy of the form to be put in your medical record.
  • Consider carrying a wallet card giving information about the existence and location of your Health Care Proxy or a Living Will.

These tips are from the New York Attorney General's Office's publication on Advance Directives

Planning for your children

If you have children under 18 ( or “minor children”), you may want to consider creating a plan for their care if you become ill, incapacitated, or quarantined.

Designation of Parental Rights and Standby Guardianship are two documents you can prepare that appoint a person to temporarily care for your children and make parenting decisions for you. For these documents to go into effect, something must happen, this is called a "triggering event."

Designation of Parental Rights is a document that can be used by most people. Standby Guardianship can only be used by people in certain situations.

A Standby Guardian is someone who has temporary authority to care for someone else’s minor children.

If you are worried that you may not be able to care for your child, you can name someone as the child’s Standby Guardian. The Standby Guardian will take over caring for your child if you cannot.

Who can use a Standby Guardianship?

A Standby Guardian can help if:

  • You are arrested, detained, incarcerated, removed or deported; or
  • You have a mental impairment and can't understand the nature and consequences of decisions about the care of your children; or
  • You have a fatal illness or a physically debilitating (disabling) condition that makes you unable to care for your children; or
  • You die.

Source: Community Legal Advocates of New York

During the pandemic, the reasons to name a standby guardian were expanded to include workers or volunteer in health care.

What should I do next to create a Standby Guardianship?

You will first need to decide who you want to be the Standby Guardian. The person you select should be someone you trust to take care of your children. You should talk to the person and make sure they are willing to take care of the children if necessary. The person named as Standby Guardian must be a U.S. Lawful Permanent Resident (green card holder) or U.S. Citizen.

You will also have the option of naming an alternate Standby Guardian if the first person you selected becomes unable to care for your children.

You will then need to complete the Designation of Standby Guardian form. The form must be signed in front of 2 witnesses who are both at least 18 years old. During the pandemic, you can sign the form in front of your witnesses using a phone or computer, as long as they can see and hear you.

The witnesses cannot be the person being named as the Standby Guardian. The Standby Guardian also signs the form.

If both parents are available, they should each sign the Designation of Standby Guardianship form, naming the same person as Standby Guardian. If only one parent is available, or if the parent completing the form does not want the other parent to be involved in the care of the children and there is no Court Order requiring shared decision making, that must be explained on the form.

The same form can be used for more than one child.

Once the Standby Guardianship starts, it will be in place for 60 days. Before the 60 days are up, the Standby Guardian must go to court and formally ask to be appointed the child’s permanent guardian. The Court will decide what is in the best interest of the child. The Standby Guardian should go to the Family Court in the county where the child lives.

If you need help, use the Find a Lawyer search to find free legal services.

You can also find help by calling one of these hotlines

You can use this form to choose (or “designate”) another person to make medical and educational decisions for your children for up to twelve months, if you are unable to do so.

You can choose a person yourself unless you have a Court order that requires shared decision making for your children. If you have a Court order that requires shared decisions about education or health with another parent, then both parents must sign the form. 

If you sign this form, you still keep all of your parental rights. You can cancel the designation at any time. 

The person you designate can talk with your children’s school, teachers and medical providers, and make routine decisions. 

The person you designate cannot give consent for surgery or other major medical procedures, but can give consent for routine medical matters. 

If you do not want the person you designate to make certain decisions, you can include that in this form. 

If the person you designate makes a decision that you do not agree with, you can override that decision.

The person you choose must agree to the responsibilities you assign in the form. They do not have to financially support your children.

Your children will not have to change their school district. 

If you die or become mentally or physically unable to function, this designation automatically ends. If you would also like to choose someone to take care of your children if you die, complete the Standby Guardianship. 

Funeral Arrangements

If you want specific arrangements for your funeral and burial, you can create a form called the Appointment of Agent to Control Disposition of Remains. You can use this form to select the person you want to handle your funeral, burial or cremation, and to explain your wishes for your funeral and burial.

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Last Reviewed: January 1, 2023