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Paperwork and legal · 5 min read

Health care proxy, power of attorney, MOLST, living will: which is which

Four documents that families mix up, what each one actually does in New York, and which ones a community will ask to see.

Written and reviewed by Cardinal Care Advisors, Buffalo, New York. Published September 15, 2026.

Health care proxy

Names one person to make medical decisions if your loved one cannot. New York has a simple state form; it needs two witnesses and no lawyer. Every community and hospital will ask for it. If nothing else on this page gets done, do this one.

Power of attorney

Names someone to handle money and legal matters: bank accounts, bills, selling a house, signing an admission agreement. New York's statutory form changed in 2021; older forms still work but a lawyer should look. A community will want it before admission if the resident cannot sign for themselves.

MOLST

Medical Orders for Life-Sustaining Treatment, the bright pink form. It is a doctor's order about CPR and other treatments, signed by a physician or nurse practitioner, meant for people with serious illness. It travels with the person and is honored by ambulance crews. It is not the same as a living will and not everyone needs one.

Living will

A written statement of wishes. New York recognizes it as evidence of what the person wanted, but it does not name a decision maker and is not a medical order. Useful alongside a proxy, not instead of one.

What Cardinal does with them

You upload a copy to your vault once; it is encrypted and shared only with the communities you send an application to. We do not give legal advice. If a document is missing or old, an elder law attorney can help, and we can suggest names.

Official sources

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General information for families in Western New York, written by Cardinal Care Advisors. Not medical or legal advice; a physician, an elder law attorney, or a licensed assessor decides the things that need deciding. Tell us if something here is wrong or out of date: hello@thecardinalgroup.org.