New York: your 18-year-old’s paperwork

What this covers: how a New York student signs the four Covered18 documents (health care directive, financial power of attorney, HIPAA release, FERPA consent) and what to do afterward. It does not say which choices are right for your family.

0. Before you start

• Age: New York principals for a financial POA must be 18 or older (GOL §5-1501(1)(k)); a health care proxy requires an adult (PHL §2980(1)). Sign on or after the 18th birthday.
• Talk with the person you plan to name (and a backup) before anything is printed. They need to agree and know where the papers will be.
• Schools, hospitals and banks sometimes ask for their own forms. Ask the school's registrar and student health center what they accept.
• If any item below says UNVERIFIED, confirm it with the notary, the state source, or a lawyer before relying on it.

1. Health care directive

Health Care Proxy (New York optional form)
Statutory form text reproduced verbatim from the official source (see Sources). Optional statutory form, N.Y. Public Health Law §2981(5)(d). DOH also publishes Form 1430.

• The student signs and dates the proxy in front of two adult witnesses who also sign (PHL §2981(2)(a)). The witnesses state that the student appeared to sign willingly and free from duress.
• The person named as agent may not witness.
• No notary is required for the proxy.
• Remote witnessing is allowed under §2981(2-a): photo ID shown to the remote witness, live audio-video, a copy sent to each remote witness within 24 hours, and the witness signs and returns it.

Watch for: - A health care proxy may not be on the same form as a power of attorney (PHL §2981(5)(e)). Keep it as its own paper. - Two adult witnesses are required. The agent cannot be a witness.

2. Financial power of attorney

Power of Attorney, New York Statutory Short Form
Statutory form text reproduced verbatim from the official source (see Sources). Statutory short form, N.Y. General Obligations Law §5-1513. The form's caution and agent-information wording is required in every New York POA (§5-1501B).

• The student signs and dates, and the signature is acknowledged before a notary (GOL §5-1501B).
• Two witnesses also sign; a notary may serve as one of them. The agent and any gift recipient cannot be witnesses.
• The agent signs and acknowledges the POA too. Agent authority as to that agent begins after that acknowledgment.

Watch for: - Must be printed in at least 12-point type (GOL §5-1501B). - The statutory gifts rider (GOL §5-1514) is a separate form and is NOT included here. - The agent must also sign and have the signature acknowledged before using the POA.

3. HIPAA authorization and FERPA consent

• The HIPAA release and FERPA consent are separate papers built from the federal required elements (45 CFR 164.508; 34 CFR 99.30). The student signs and dates each. Neither gives anyone the power to make decisions; they only allow information to be shared.
• Notarization is not required by the federal rules. Some schools and providers want their own form; ask first.
• New York has additional rules for mental-hygiene and HIV records (Mental Hygiene Law §33.13; Public Health Law art. 27-F) that were not fully researched. UNVERIFIED.
• Ask the registrar and student health service which forms they accept.

4. Remote (online) options

Question	What we found
Remote witnessing of the proxy	Allowed with conditions (PHL §2981(2-a)).
Remote notarization, e-signing or remote witnessing of the POA	NY's electronic signature law excludes powers of attorney (State Tech. Law §307). Treat as NOT available. UNVERIFIED on later changes (the text read says it runs through 2027-12-12).

If the table says UNVERIFIED, plan on signing in person. See the notary options page for online notary services and their public prices.

5. If the student is signing from another state

• Another state's proxy: considered validly executed if compliant with that state's law (PHL §2990).
• Another state's POA: valid if executed in compliance with that state's law or New York law (GOL §5-1512).

Banks and hospitals decide for themselves what they accept. Whether yours accepts an out-of-state document is UNVERIFIED.

6. Stop and ask a lawyer if

• The student lives in a mental hygiene facility (extra witness rules, PHL §2981(2)(b)-(c)).
• Anything in your situation does not match this guide (for example guardianship, a disability, or a business interest).

7. Checklist to bring to the notary

• ☐ Government photo ID that is current (the notary will check it against the name on the papers).
• ☐ The documents, printed, unsigned. Do not sign ahead of time.
• ☐ Every person who must be present: the student, any witnesses (see Section 1 and 2), and the notary.
• ☐ Names, addresses and phone numbers for the agent(s) and backups.
• ☐ A black-ink pen. Print the HIPAA release and FERPA consent on their own pages.
• ☐ Ask the notary what the fee is before the appointment. Notary fees are not included in Covered18's price.
• ☐ Do not bring the agent as a witness unless the state section above says it is allowed.

8. After signing

• Make copies. Give a copy to the agent, the backup agent, the student's doctor or campus health center, and the bank if the financial document is meant to be used there. Keep the original somewhere safe and tell people where.
• Keep a scan in a place the agent can reach.
• Review once a year and after any big change (new school, move, relationship change). The HIPAA release has its own expiry date; set a reminder.
• If the student wants to change or cancel a document, ask the notary or a lawyer how to do that in your state.

9. UNVERIFIED items

• Remote notarization and e-signing of NY POAs after 2027-12-12 changes.
• NY living-will status; mental-health and HIV record rules.
• Whether banks accept the form without a separate gifts rider.