Are witnesses necessary in a Health Care Proxy?
Yes. You as principal should sign the Health Care Proxy in the presence of two witnesses, who must also sign and give their names and addresses. In fact, the New York statute requires that the witnesses state that the principal appeared to execute the Proxy willingly and free from duress. In New York, the person designated as agent or alternate agent may not act as a witness, and special witness requirements apply in health care facilities. Note that some states (not New York) require notarization, as well as witnesses. Also, some states bar certain persons from acting as witnesses, and some states require a statement that the witnesses knew the principal. It is also good practice to have two independent witnesses to the execution of your Living Will, if that is a document separate from your Health Care Proxy.
