Medical Aid in Dying: New York's Medical Aid in Dying Act is Signed into Law - Trusts & Estates and Elder Law & Special Needs Planning Newsletter
By: Jacqueline Yarmo
On February 6, 2026, New York Governor Kathy Hochul signed the Medical Aid in Dying Act (“MAID”), making New York the thirteenth state, in addition to the District of Columbia, to legalize the process of allowing individuals diagnosed with terminal illness to receive medication to end their lives at their discretion. The New York MAID law is set to become effective on August 5, 2026, allowing a six-month implementation period to give the Department of Health time to establish regulations for the aid-in-dying medications. New Jersey’s MAID law went into effect on August 1, 2019.
In order to receive aid-in-dying medications under the New York MAID law, the person making the request must be an adult New York resident with an incurable and irreversible illness or condition that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. The request for these medications must be made both by written and oral request, and the oral request may be audio or video recorded. New York requires the written request to be signed and witnessed by two individuals who are not relatives, beneficiaries of the future estate, agents under a Power of Attorney or Health Care Directive, domestic partner of the patient, or the physician, employee or owner of the health care facility where the patient is receiving treatment or residing. The New Jersey law requires a written request, and two oral requests made at least 15 days apart.
Both the New York and New Jersey laws require the person requesting aid-in-dying medications to be mentally competent, to be making the decision of their own free will, and to be able to self-administer the medications. New York physicians writing these prescriptions must also abide by numerous safeguards and requirements, including but not limited to performing the initial evaluation in-person, and ensuring the patient is making an informed decision by discussing feasible alternatives and treatment options, including palliative and hospice care. A physician must also notify the patient of their right to rescind the request.
Other important protections are included in the New York law to help protect patients against being coerced into choosing medical aid in dying. There is a mandatory five-day waiting period between when a prescription is written and when it is filled. Additionally, if the physician has concerns that the patient may not have decision-making capacity with respect to the request for aid-in-dying medications, they must refer the requesting patient to a mental health professional for a determination on this issue.
Medical Aid in Dying is commonly referred to as “death with dignity,” which is different than an individual’s “right to die.” The latter is more accurately used in the context of directing one’s medical care, such as refusing or requesting the withdrawal of life-sustaining treatment as articulated in a legally drafted and executed Health Care Directive (commonly referred to as a Living Will). While you can (and should) legally appoint an agent to act on your behalf to help you with medical decisions (if you are unable to communicate those decisions), you cannot direct an agent to request the medication for you under Medical Aid in Dying pursuant to the New York and New Jersey laws.
As with all estate planning documents, it is critical to periodically review your Health Care Proxy and Living Will to ensure that your wishes are accurately reflected and that these documents comply with the law. It is also highly recommended that you ensure that the people you have named to help with your medical care are aware of and understand your wishes. If you need to create or update your estate planning documents, our Trusts and Estates attorneys are available to assist you with this important task.
Learn more about our Trust & Estates and Elder Law & Special Needs Planning Practices.
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