Aging With Dignity - Five Wishes in New York

Five Wishes States

New York

The state of New York has the following instructions regarding an Health Care Proxy:

If in a mental hygiene facility operated or licensed by the office of mental health, "at least one witness shall be an individual who is not affiliated with the facility and, if the mental hygiene facility is also a hospital..., at least one witness shall be a qualified psychiatrist.

If in a mental hygiene facility operated or licensed by the office of mental retardation and developmental disabilities, "at least one witness shall be an individual who is not affiliated with the facility and at least one witness shall be a physician or clinical psychologist who either is employed by a school named in section 13.17 of the mental hygiene law or who has been employed for a minimum of two years to render care and service in a facility operated or licensed by the office of M.R. & D.D., or who has been approved by the commissioner of M.R. & D.D. in accordance with regulations approved by the commissioner. Such regulations shall require that a physician or clinical psychologist possess specialized training or three years experience in treating developmental disabilities.

N.Y. Pub. Health Law 壯2981(b) and (c) (McKinney 2004)

--Excerpted from National Advance Directives: One Attempt to Scale the Barriers, by Charles P. Sabatino, Esq., National Academy of Elder Law Attorneys Journal, Volume 1, 2005

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	About Five Wishes
	Five Wishes meets legal requirements in these states (and the District of Columbia):
	Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
	In a state not listed, Five Wishes can still be useful as an attachment to the state's required forms. Many residents in these states find that Five Wishes expresses their preferences in detail and provides a helpful guide to families, caregivers and doctors.