Am I Eligible? Understanding Who Qualifies for Medical Aid in Dying in New York

If you or someone you love is facing a terminal illness and are considering medical aid in dying, one of the first and most natural questions is a practical one: is this available to me? New York’s Medical Aid in Dying Act, which took effect on August 5, 2026, sets out clear eligibility requirements, and understanding them is the first step toward knowing whether this option is available to you. None of it is meant to be a test you have to pass. Each requirement exists to make sure the choice is genuinely yours, made freely and with full understanding.

Here is a plain-language walk through of who qualifies, and what each requirement really means.

You must be an adult

The Medical Aid in Dying Act is available only to adults, meaning you must be at least eighteen years old. There is no upper age limit. What matters is that you are a legal adult making a decision about your own life and care. This option is not available to minors, and it cannot be requested by a parent or guardian on a young person’s behalf.

You must be a resident of New York

The law is available to residents of New York State. This does not mean you must have lived here your whole life, but you do need to have established an abode in the state of New York. Feel free to reach out to us if you have questions about your particular situation.

You must have a terminal illness

At the heart of the law is the requirement that you have a terminal illness or condition that is expected to result in death within six months. This prognosis must be confirmed by two physicians. The six-month standard is the same one long used for hospice care, so it is a familiar medical benchmark rather than something invented for this law. Medical aid in dying is not for chronic conditions, disabilities, or illnesses that can be managed over years. It is specifically for people who are already near the end of life.

You must have the capacity to decide

You must have decision-making capacity, which means you are able to understand your diagnosis, the options available to you, and the consequences of your choice, and to communicate that decision clearly. This is one of the most important safeguards in the entire law. This capacity is confirmed by a formal evaluation, conducted by a psychologist, psychiatrist, or neurologist, and is required for all patients. The goal is not to place obstacles in your path but to be certain the decision is truly, clearly your own.

You must be able to take the medication yourself

The law requires that you be able to self-administer the medication, meaning you take it yourself rather than having someone else give it to you. This is a defining feature of medical aid in dying in the United States, and it is what keeps the final decision, and the final act, entirely in your hands. No physician, family member, or caregiver may administer the medication for you. Because of this, the ability to take the medication yourself is part of what it means to be eligible.

The requests you make yourself

You must request the medication yourself, both verbally and in writing. The written request must be signed in front of two adult witnesses who are disinterested, meaning they do not stand to benefit from your death and are not your attending physician. Your request cannot come from a family member, and it cannot be written into an advance directive to be carried out later. It must come from you, while you are able to make it.

Bringing it together

To qualify for medical aid in dying in New York, you must be an adult state resident with a terminal illness expected to cause death within six months, you must have the capacity to make the decision and the ability to take the medication yourself, and you must make the requests personally, with the confirmation of two independent physicians and a mental health professional. Each of these requirements is really the same idea seen from a different angle: that this choice belongs to you, and that the law wants to be sure it is truly yours.

If you would like help understanding whether you or someone you love may be eligible as this law takes effect, that is exactly what Quiĕtus is here for. Our team of independent clinicians can walk you through each of these requirements, confirm whether you qualify, and guide you through every step of the process with clarity, compassion, and no pressure. Determining eligibility is not something you have to figure out from a checklist on your own; it is a conversation, and it is one we have with care every day.

Please reach out. These are not easy questions to face, and with Quiĕtus and our clinicians beside you, you do not have to navigate it alone.

This post was reviewed and verified by Daniel Cogan, NP