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Assembly Bill A2186

2011-2012 Legislative Session

Relates to witnesses to a health care proxy and the crime of forgery in the second degree

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Archive: Last Bill Status - In Assembly Committee

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2011-A2186 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L; amd §170.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3787
2013-2014: A619
2015-2016: A308
2017-2018: A1219
2019-2020: A611
2021-2022: A1303
2023-2024: A385
2025-2026: A721

2011-A2186 (ACTIVE) - Summary

Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

2011-A2186 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2186

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced  by  M.  of A. ROSENTHAL, KELLNER, GOTTFRIED -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  witnesses  to  a
  health care proxy and to amend the penal law, in relation to the crime
  of forgery in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision  2  of  section  2981  of  the
public  health  law,  as  added  by  chapter 752 of the laws of 1990, is
amended to read as follows:
  (a) A competent adult may appoint a health care agent by a health care
proxy, signed and dated by the adult in the presence of [two] ONE  adult
[witnesses] WITNESS who shall also sign the proxy. HOWEVER, A PERSON WHO
RESIDES  IN  A  FACILITY  OPERATED  OR  LICENSED BY THE OFFICE OF MENTAL
HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  SHALL
SIGN  SUCH  PROXY  IN THE PRESENCE OF TWO ADULT WITNESSES WHO SHALL ALSO
SIGN THE PROXY.  Another person, WHO SHALL NOT BE A  WITNESS,  may  sign
and  date  the health care proxy for the adult if the adult is unable to
do so, at the adult's direction and in the adult's presence, and in  the
presence  of  [two  adult]  THE  WITNESS OR witnesses who shall sign the
proxy. The WITNESS OR witnesses shall state that the principal  appeared
to  execute  the  proxy  willingly  and  free  from  duress.  The person
appointed as agent shall not act as witness to execution of  the  health
care proxy.
  S  2.  Subdivision 1 of section 170.10 of the penal law, as amended by
chapter 949 of the laws of 1984, is amended to read as follows:
  1. A deed, will, codicil, contract, assignment, commercial instrument,
credit card, as that term is defined in  subdivision  seven  of  section
155.00,  HEALTH  CARE  PROXY  UNDER  ARTICLE TWENTY-NINE-C OF THE PUBLIC
HEALTH LAW, or other instrument which  does  or  may  evidence,  create,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01763-03-1

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