What is the difference between a living will and a healthcare proxy?
Answer
"The primary purpose of a Living Will is to allow a person to formally set forth their own wishes as to what medical procedures they do or do not want. A Living Will can constitute clear and convincing evidence of a patient's wishes, and no further judicial proceeding would be necessary for a hospital to follow such wishes. ...
A Living Will does not designate an agent. It can, however, be used to help a health care agent designated in a Health Care Proxy know what the principal's wishes are. Although a proxy can list the medical care which is desired and that which is not desired, a Living Will is designed to do this in greater detail.
"Great care must be taken to avoid any inconsistency between a Living Will and a Health Care Proxy. If the two documents are inconsistent in any way, difficulties may arise in the acceptance of either the Health Care Proxy or the Living Will, as an inconsistency can cast doubt on the true wishes of the principal.
"A client should also be advised that a Health Care Proxy is a creature of New York State law. The document may or may not be recognized in another state, especially the section regarding designation of an agent. A Living Will on the other hand, is a clear declaration of a person's wishes and is more likely to be honored in other states. Most states have Living Will statutes. However, a client should be advised that a Living Will executed in New York may not meet the requirements of some other states. Executing a Health Care Proxy together with a Living Will is in the client's best interest.
"Due to the lack of clarity in this area, an individual should consider executing advance directives in all states where they spend significant time. For example, seniors who divide their time between New York and Florida should execute the appropriate advance directives in both jurisdictions."
N.Y. Elder Law Practice § 7:21 (2026 ed.)
§ 7:32. Living Will—Overview, N.Y. Elder Law Practice § 7:32 (2026 ed.)
Regarding living wills, the Attorney General of New York provides this advice: "While New York, does not have a law governing living wills, the Court of Appeals, has stated that "living wills are valid as long as they provide "clear and convincing" evidence of your wishes.' " footnote 4,
Advance Directives, Making Your Wishes Known, Office of the New York State Attorney General
Public Health Law § 2981 Appointment of health care agent; health care proxy defines the requirements for a health care proxy. The New York State Dept of Health provides a proxy health care form.