1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 29-C: Health Care Agents and Proxies

Section 2985 Revocation

Public Health (PBH)

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 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 or nurse practitioner of such revocation.