Who must sign as witnesses on a health care proxy in New York?

• A. The principal and the agent
• B. Two adult witnesses who cannot be the agent
• C. The principal's attorney and a notary
• D. The principal's family members

Answer: (B)

In New York, a health care proxy must be executed with two adult witnesses who cannot be the agent. The principal signs the document (or another signs at the principal’s direction if the principal cannot sign), and two independent adults observe the signing and then sign to attest it. This setup ensures the principal’s wishes are authentically captured and protects against potential influences or fraud by the person who will make health care decisions.

Ideally, these witnesses are not health care providers or facility staff involved in the principal’s care, and they should not be closely connected to the agent. While family members can sometimes serve as witnesses, the key requirement emphasized here is that there must be two adult witnesses who cannot be the agent.