A new Medical Aid in Dying law (MAID) took effect in New York on August 5, 2026 which expands end-of-life options for terminally ill New York residents. It allows terminally ill adults to obtain a prescription for medication which they can choose to self-administer to end their life.
Qualifying for Medical Aid in Dying
To qualify for Medical Aid in Dying, a person must:
- Be an adult, aged 18 or older;
- Be a resident of New York State;
- Have a medically confirmed terminal illness that is incurable and irreversible and will likely cause death within 6 months whether or not treatment is provided;
- Have the ability to understand and appreciate the nature and consequences of Medical Aid in Dying, including the benefits, risks, and alternatives, and to reach an informed decision; and
- Be able to self-administer the medication.
What is the Process to Request Medical Aid in Dying
A patient wishing to request medication under this law must make an oral request and submit a written request to their attending physician.
The written request must be signed by the patient and witnessed by at least two legally and financially disinterested adults who, in the presence of the patient, attest that to the best of the witnesses’ knowledge and belief the patient has decision-making capacity, is acting voluntarily, is making the request for medication of the patient’s own volition, and is not being coerced to sign the request.
Both witnesses must be adults who are not:
(i) A relative of the patient by blood, marriage or adoption;
(ii) A person who at the time the request is signed would be entitled to any portion of the estate of the patient upon death under any will or by operation of law or would otherwise benefit financially from the death of the patient;
(iii) An owner, operator, employee, or independent contractor of a health care facility where the patient is receiving treatment or is a resident;
(iv) A domestic partner of the patient;
(v) A health care agent under the patient’s health care proxy; or
(vi) An agent acting under a power of attorney for the patient.
The attending physician, consulting physician, and the mental health professional cannot serve as witnesses.
What Safeguards are in Place
The Medical Aid in Dying law includes a long list of rigorous safeguards to ensure that the law is used appropriately and responsibly, including:
- The terminally ill person can withdraw their request for aid-in-dying medication, not take the medication once they have it, or otherwise change their mind at any time. In addition, a prescription for medication may not be written without the attending physician offering the qualified individual an opportunity to rescind the request.
- The law expressly states that no person shall qualify for Medical Aid in Dying solely because of age or disability.
- Anyone attempting to coerce a patient into accepting medical aid-in-dying may be criminally prosecuted.
- Requests for a medical aid-in-dying prescription must be made by the qualified individual and may not be made by the patient’s health care agent, surrogate, or any other individual, and the request may not be made by the patient via advance healthcare directive.
- Patients must be mentally capable adults at least 18 years old with a prognosis of six months or less to live, as verified by two independent physicians;
- Patients must have a mental health evaluation to determine that they have decision-making capacity;
- Patients must make a verbal request for Medical Aid in Dying if capable of doing so, as well as submit a written request;
- Such request must be witnessed by two individuals, neither of whom can be a relative, heir, or affiliated with an owner, operator, or employee of the health care facility where the patient is receiving care;
- The witnesses must have no financial interest in the patient’s estate;
- Patients must be recorded making a request for Medical Aid in Dying.
- There is a mandatory waiting period of 5 days between when a prescription is written and when it may be filled, unless the attending physician determines that the patient is not expected to survive that period;
- Patients must be capable of self-administering the medication, ensuring that the final act is a voluntary and deliberate choice;
- Physicians are required to inform patients of all available end-of-life care options, including hospice and palliative care.
How Advance Directives Interact with Medical Aid in Dying
A Health Care Proxy and Living Will are medical advance directives that specify the type of medical and personal care you want should you lose the ability to make and communicate your own decisions. Anyone over the age of 18 may execute an advance directive. Your advance directive can specify who will make and communicate decisions for you, and it can set out the circumstances under which you would not like your life to be prolonged if, for example, you were in a coma with no reasonable chance of recovery.
Requests for a medical aid-in-dying prescription must be made by the patient and may not be made by the patient’s health care agent, surrogate, or any other individual. The patient’s request may not be made in an advance healthcare directive such as a living will.
A health care proxy and a living will are a core part of every adult’s estate plan. To learn more about your estate plan, medical advance directives, and Medical Aid in Dying, contact the estate planning and elder law attorneys at Kurre Schneps for a consultation.
