What Do I Need to Know About Medical Aid in Dying in New York?

Who Will Qualify for Medical Aid in Dying in New York?

The statute is carefully limited and highly regulated. To qualify, an individual must be at least eighteen years old, be a New York resident, and have a medically confirmed terminal illness that is incurable and irreversible, with a prognosis of six months or less to live. The individual must also be mentally capable of making informed medical decisions and physically able to self-administer the medication. The law does not apply to individuals who are elderly, disabled, or chronically ill unless they meet the strict definition of terminal illness.

What is the Process of Medical Aid in Dying?

The process for requesting medical aid in dying includes multiple safeguards. A patient must make two oral requests and one written request. At least one oral request must be audio or video recorded to document that the decision is voluntary and free from pressure. The written request must be witnessed by two adults, at least one of whom is not related to the patient and does not stand to benefit financially from the patient’s death. Two physicians must independently confirm the diagnosis, prognosis, and the patient’s mental capacity. In addition, the law requires a mental health evaluation by a psychiatrist or psychologist to confirm that the patient is competent to make this decision.

How Long Does the Process Take?

Timing rules are also built into the law. Under normal circumstances, there is a fifteen-day waiting period between the first and second oral requests. Once the medication is prescribed, there is an additional five-day waiting period before it can be dispensed by a pharmacy. These timeframes may be shortened in cases of imminent death, where the attending physician determines that the patient is likely to die or lose the ability to self-administer the medication before the waiting periods would otherwise expire.

The medication must be self-administered by the patient. This means the patient must perform the final physical act, such as swallowing the medication or pressing the plunger of a feeding tube. While others may assist with preparation, no one else may administer the medication on the patient’s behalf.

What Else Should Families Know About Medical Aid in Dying?

Participation in Medical Aid in Dying is voluntary for healthcare providers. Physicians, hospitals, hospice providers, and pharmacies may choose whether to participate. The law also includes important protections for patients. A death under the statute is not legally considered suicide or homicide, and life insurance and health insurance benefits cannot be denied or altered solely because a person used medical aid in dying. The underlying terminal illness will be listed as the cause of death on the death certificate.

How the Medical Aid in Dying Act Affects Estate Planning

From an estate planning and elder law perspective, the new law also highlights important limitations on advance directives. A health care proxy cannot request medical aid in dying on behalf of a patient. The request must come directly from the individual, and an agent under a health care proxy may not serve as a witness to the written or recorded requests. These restrictions are designed to prevent conflicts of interest and protect patient autonomy.

Medical Aid in Dying represents a significant shift in how New York approaches end-of-life decision-making. As the state moves toward implementation, individuals and families facing serious illness should take time to understand how this new law works and how it fits within their broader medical, legal, and estate planning goals.

By Britt Burner, Esq. and Alma Muharemovic  Esq.

Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Alma Muharemovic, Esq. is an associate attorney at Burner Prudenti Law, P.C. practice on Estate Planning. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.