In New York, a health care proxy needs two adult witnesses and no notary. A statutory power of attorney needs the principal’s signature acknowledged before a notary and two witnesses who are not named in the document, and the notary may serve as one of them. A MOLST is a medical order signed by a physician, nurse practitioner or physician assistant, and accurate copies of the signed original are valid. Most rejections come from small, avoidable errors, such as the wrong person witnessing.
What are the signing rules for each document?
Three documents come up most often when a parent’s care is arranged: the health care proxy, the power of attorney and the MOLST. They are signed by different people, in different ways, and they do different jobs. A proxy names someone to make medical decisions, a power of attorney names someone to handle money, and a MOLST is a set of medical orders.
The table sums up what the official sources require. Each row cites the law or state form it comes from: Public Health Law 2981, General Obligations Law 5-1501B and the Department of Health’s MOLST page.
| Document | Who signs | Witnesses and notary | Source |
|---|---|---|---|
| Health care proxy (form DOH-1430) | The adult appointing the agent, signing and dating. If unable, another person signs at their direction and in their presence | Two adult witnesses, 18 or older. The agent and the alternate agent cannot witness. No notary and no lawyer needed | Public Health Law 2981; DOH form |
| Statutory power of attorney | The principal, who must have capacity, signs and dates. Each agent also signs and dates | Signatures acknowledged before a notary. Two witnesses who are not named as agents or permitted gift recipients, signing in the principal’s presence. The notary may be one of the two | General Obligations Law 5-1501B |
| MOLST (form DOH-5003) | A New York licensed physician, nurse practitioner or physician assistant signs the orders after discussion with the patient or decision-maker | No notary. Verbal consent with two adult witnesses is allowed, including in telehealth visits | DOH MOLST page and FAQ |
Who can and cannot witness?
- Health care proxy. Anyone 18 or older except the person appointed as agent or alternate. Special rules apply to residents of some facilities run or licensed by the state mental health and developmental disabilities agencies, where at least one witness must be unaffiliated with the facility.
- Power of attorney. Anyone who is not named in the document as an agent or as someone who may receive gifts. They must sign in the principal’s presence.
- Notary as witness. The notary who takes the acknowledgment may be one witness but cannot fill both spots.
A practical tip from the proxy form: the witness statement says the signer is personally known to the witness, appears to be of sound mind and is acting of their own free will. Choose witnesses who can honestly say that.
What if the person cannot sign?
Hand tremors, a stroke or severe arthritis can make signing hard, but the law provides ways to handle it, and the method matters.
For a health care proxy, the law lets another adult sign and date at the person’s direction and in their presence, with the usual two witnesses. The witness statement on the state’s form covers this case too, because it speaks of a signer who asked another person to sign for them.
For a power of attorney, someone else may sign the principal’s name only at the principal’s direction and in the principal’s presence, and that person cannot be an agent or successor agent. They write the principal’s name, then print and sign their own name. The acknowledgment and two witnesses are still required. A lawyer should handle this one.
Do hospitals accept copies, scans and electronic signatures?
The state has been specific about the MOLST, in its MOLST FAQ. Many families believe it only counts on pink paper with an original in ink. The table separates common beliefs from what the official sources say.
| Common belief | What the official source says |
|---|---|
| A MOLST must be on pink paper | No. Pink is the ideal for visibility, but the DOH FAQ says it does not have to be pink, and the form can be printed on any color |
| Copies of a MOLST get rejected | The DOH FAQ says photocopies, faxes, scans and other accurate reproductions of the signed original are valid |
| A stamped signature is fine | No. The DOH FAQ says a stamped signature is not permitted on a MOLST |
| A health care proxy has to be notarized | No. The state’s form says you do not need a lawyer or a notary, just two adult witnesses |
| A power of attorney must match the statute word for word | It must “substantially conform” to the statutory caution and agent-information wording. Insubstantial variations do not stop it from being a statutory short form |
On electronic signing, there are two things you can state with confidence. The Public Health Law lets proxy witnesses attest by audio-video technology under conditions set out in the statute. And since January 2023, New York allows electronic notarization by registered notaries who are physically in New York State, while the signer can be anywhere. The Department of State FAQ explains the rules. Whether a particular bank, hospital or office accepts a given format is its own policy, so ask before the day of signing.
How do you avoid rejection? A checklist
Use the right paper, the right people and the right order.
- Start with the official form. The Department of Health publishes the health care proxy form in many languages. For a power of attorney, use the statutory short form, typed or printed in at least 12-point type.
- Check capacity before signing. The power of attorney statute refers to a principal with capacity. If there is any doubt, ask a lawyer how to proceed before the signing date.
- Pick eligible witnesses. Adults who are not the agent, the alternate or a named gift recipient.
- Sign in the right order and place. The principal signs and dates, the witnesses sign in the principal’s presence, and then the notary acknowledges the power of attorney. Each agent signs and dates and has their signature acknowledged.
- Read the document back. Names, dates and spellings should match the person’s ID and insurance cards.
- Make copies and hand them out. The state advises giving a proxy copy to the agent, the doctor and family, and bringing one to the hospital. Keep it where someone can reach it, not in a safe deposit box.
- Tell the people who will need it. That includes the home care agency, which can then place a copy in the care file.
Our guide to power of attorney and guardianship goes deeper on choosing an agent and when guardianship comes into play. If your parent has memory problems, see our pages on dementia care at home and palliative and hospice care, where the MOLST often comes up.
What happens if there is no proxy?
The Department of Health’s advance care planning FAQ says that if a person loses capacity without appointing an agent, a surrogate is chosen from a list set by the Family Health Care Decisions Act. In order of priority: a spouse or domestic partner, a son or daughter 18 or older, a parent, a brother or sister 18 or older, then a close friend. A proxy lets the person pick, and avoids family disagreements about who decides.
ProLife Home Care is a licensed home care agency in Brooklyn and Queens, licence #2572L001, New York State Department of Health. We are not a law firm, so we cannot draft or witness these documents. We can talk through the care side with your family. The state’s MOLST guidance says a copy should go to the home care agency when a patient receives home care, so bring it up when care starts. Call (718) 232-2777 or use our contact page.
Laws and forms change. Everything above was checked against nysenate.gov, health.ny.gov and dos.ny.gov on 9 October 2026. This is general information, not legal advice. For a specific document, ask an elder law attorney, or call your local Legal Aid or Legal Services office, which the Department of Health suggests as a no-cost option.
Frequently asked questions
What are the witness requirements for a New York health care proxy?
Two adults, 18 or older, must witness the signing. The person named as agent or alternate agent cannot be a witness. No notary or lawyer is required.
Does a power of attorney in New York need a notary?
Yes. The statutory short form needs the signature acknowledged before a notary and two witnesses who are not named as agents or gift recipients. The notary may be one of the two witnesses.
Can someone with hand tremors or paralysis still sign?
Yes. For a proxy, another adult can sign at the person’s direction and in their presence, with two witnesses. For a power of attorney, someone who is not an agent can sign the principal’s name at the principal’s direction and in their presence, plus the notary and witnesses.
Does a MOLST have to be pink or in the original?
No. The Department of Health says a MOLST does not have to be on pink paper, and photocopies, faxes, scans or other accurate reproductions of the signed original are valid. A stamped signature is not allowed.
Can a health care proxy be witnessed by video?
New York law allows witnesses to attest by audio-video technology if the conditions in Public Health Law 2981 are met. Read those conditions or ask a lawyer before relying on a video signing.
Why was my power of attorney rejected?
The common causes are a missing notary acknowledgment, a witness who is a named agent or gift recipient, a missing signature or date, or wording that does not substantially match the statutory form. Ask the institution for the reason in writing and have a lawyer review it.
