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This entry was published on 2020-06-19
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SECTION 2985
Revocation
Public Health (PBH) CHAPTER 45, ARTICLE 29-C
§ 2985. Revocation. 1. Means of revoking proxy. (a) A competent adult
may revoke a health care proxy by notifying the agent or a health care
provider orally or in writing or by any other act evidencing a specific
intent to revoke the proxy.

(b) For the purposes of this section, every adult shall be presumed
competent unless determined otherwise pursuant to court order.

(c) A health care proxy shall also be revoked upon execution by the
principal of a subsequent health care proxy.

(d) The creation by the principal of written wishes or instructions
about health care, or limitations upon the agent's authority, shall not
revoke a health care proxy unless such wishes, instructions or
limitations expressly provide otherwise. Such wishes, instructions or
limitations shall constitute evidence of the principal's wishes for
purposes of subdivision two of section two thousand nine hundred
eighty-two of this article.

(e) The appointment of the principal's spouse as health care agent
shall be revoked upon the divorce or legal separation of the principal
and spouse, unless the principal specifies otherwise.

2. Duty to record revocation. (a) A physician, physician assistant, or
nurse practitioner who is informed of or provided with a revocation of a
health care proxy shall immediately (i) record the revocation in the
principal's medical record and (ii) notify the agent and the medical
staff responsible for the principal's care of the revocation.

(b) Any member of the staff of a health care provider informed of or
provided with a revocation of a health care proxy pursuant to this
section shall immediately notify a physician, physician assistant, or
nurse practitioner of such revocation.