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This entry was published on 2014-09-22
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Rights and duties of agent
Public Health (PBH) CHAPTER 45, ARTICLE 29-C
§ 2982. Rights and duties of agent. 1. Scope of authority. Subject to
any express limitations in the health care proxy, an agent shall have
the authority to make any and all health care decisions on the
principal's behalf that the principal could make. Such authority shall
be subject to the provisions of section twenty-nine hundred eighty-nine
of this article.

2. Decision-making standard. After consultation with a licensed
physician, registered nurse, licensed psychologist, licensed master
social worker, or a licensed clinical social worker, the agent shall
make health care decisions: (a) in accordance with the principal's
wishes, including the principal's religious and moral beliefs; or (b) if
the principal's wishes are not reasonably known and cannot with
reasonable diligence be ascertained, in accordance with the principal's
best interests; provided, however, that if the principal's wishes
regarding the administration of artificial nutrition and hydration are
not reasonably known and cannot with reasonable diligence be
ascertained, the agent shall not have the authority to make decisions
regarding these measures.

3. Right to receive information. Notwithstanding any law to the
contrary, the agent shall have the right to receive medical information
and medical and clinical records necessary to make informed decisions
regarding the principal's health care.

4. Priority over other surrogates. Health care decisions by an agent
on a principal's behalf pursuant to this article shall have priority
over decisions by any other person, except as otherwise provided in the
health care proxy or in subdivision five of section two thousand nine
hundred eighty-three of this article.