The legal documents explained, where to get the New York forms, and guardianship as the last resort

The map

Four documents cover most situations. Two are about health, two are about money and decisions. One is a free state form you can do at the kitchen table; the others involve a doctor or an attorney. If none exist and your parent can no longer sign, the court process at the bottom is the fallback, and it is slow and expensive by comparison. This is information, not legal advice.

Health care proxy

Names one person (and an alternate) to make medical decisions if your parent cannot. New York's form is DOH-1430, free from the Department of Health, and needs two adult witnesses and no lawyer or notary. Every hospital and community asks for it. Do this one first.

Living will

A written statement of what treatment the person would or would not want. New York has no official form; courts accept a clear written statement as evidence of wishes. It does not name a decision maker, so it works alongside a proxy, not instead of one. Many attorneys fold the wishes into the proxy form's optional section.

MOLST

Medical Orders for Life-Sustaining Treatment, the pink form, is a doctor's order about CPR and other treatments for someone with serious illness. A physician or nurse practitioner completes it with the person or their proxy. Ambulance crews honor it. It comes from the doctor, not a form you fill in at home.

Power of attorney

Names an agent to handle money and legal matters: bank accounts, bills, benefits, selling a house, signing an admission agreement. New York uses a statutory short form set out in the General Obligations Law; the current version took effect June 13, 2021. It has specific signing, witnessing, and notary requirements, and optional powers such as gifting that matter for Medicaid planning. It must be signed while the person understands it. An elder law attorney should prepare it; the cost of getting it wrong is the court process below.

Guardianship: the last resort

If a person can no longer manage their affairs, has no proxy or power of attorney, and is likely to be harmed, a family member or agency can ask the court for an Article 81 guardian under New York's Mental Hygiene Law. The case is filed in Supreme Court or County Court. The judge must hold a hearing, scheduled within 28 days of signing the order to show cause, and hear evidence. If a guardian is appointed, the judge spells out exactly which decisions the guardian may make and which the person keeps, and the guardian must complete training and report to the court. It protects people who have no other protection, and it is why the documents above are worth doing early.

Where to get the forms

• Health care proxy: DOH-1430 from the Department of Health, linked below, with instructions.
• MOLST: from the doctor; the state's MOLST page explains it.
• Power of attorney: the statutory form is in the law, and the New York State Bar Association explains it; have an attorney prepare it.
• Guardianship: the court system's CourtHelp pages walk through an Article 81 case.

Once they exist

Give copies to the doctor, the hospital, and the proxy or agent. Keep originals somewhere two people know. Upload copies to your CarePair vault so they are there on a bad day.