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New York Healthcare Laws

New York law permits a partner to make medical decisions on behalf of an incapacitated same-sex partner as a "close friend." However, priority is given to other individuals first (adult children, parent, adult siblings). § 2965.

An adult may designate his or her partner as having authority to make medical decisions on their behalf through a health care proxy. A competent adult may appoint a health care agent by a health care proxy, signed and dated by the adult in the presence of two adult witnesses who shall also sign the proxy. § 2981. A domestic partner may not be refused visitation rights in New York. § 2805-q.

Citation: McKinney’s Public Health Law: N.Y. Pub. health §§ 2960 to 2978; Health Care Agents and Proxies: N.Y. Pub. health §§ 2980 to 2994 and Hospitals; Hospital visitation by domestic partner: N.Y. Pub. health § 2805-q

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Last Updated: 4/30/2008