Health Care Proxy For New York State

Category:

Power of Attorney - Healthcare - Revocations

State:

New York

Control #:

NY-P020B

Format:

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Description

The Health Care Proxy for New York State is a vital legal document allowing an individual (the declarant) to designate another person to make healthcare decisions on their behalf in case they become unable to do so. This form ensures the declarant's wishes regarding medical treatment and end-of-life care are communicated effectively. Key features include the ability to specify preferences regarding medical interventions and appoint a trusted agent. Instructions for filling out the form involve clearly stating the declarant's information, naming the designated agent, and signing the document in the presence of witnesses or a notary if required. It's important to periodically review and update the proxy as needed. The form's utility extends to attorneys, partners, owners, associates, paralegals, and legal assistants, providing them with essential tools to manage clients' healthcare preferences and legal rights. It is particularly useful in practice areas involving elder law, estate planning, and family law, where ensuring a person's healthcare wishes are honored is crucial.

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How to fill out New York Revocation Of Health Care Proxy?

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FAQ

To fill out a health care proxy form, begin by providing your full name and contact information, as well as the name and details of your appointed agent. It is essential to specify your medical preferences and any limitations you wish to impose. Make sure to sign and date the document, as this validates your wishes. If you're unsure, consider using US Legal, where you can find templates and support for creating a health care proxy for New York State.

Filling out a proxy form can be straightforward when you follow the right steps. First, gather all necessary information, including your personal details and the name of your chosen health care agent. You must clearly state your wishes regarding medical treatment. If you need assistance, the US Legal platform offers helpful resources to guide you in completing a proper health care proxy for New York State.

No, a healthcare proxy does not need to be notarized in New York State. It is enough for the document to have two witnesses sign it to validate your health care choices. This flexibility allows you to create a health care proxy easily without the need for a notary. If you have further queries regarding this process, our platform has detailed resources to guide you.

Submitting a health care proxy form in New York does not involve sending this document to a state office. Instead, once you complete and sign the form with witnesses, you should keep it in a safe yet accessible location. Provide a copy to your healthcare provider and your designated health care proxy. This ensures that everyone involved knows your healthcare preferences and who holds the decision-making authority.

You can obtain a healthcare proxy by downloading the required form from credible online legal resources, such as our platform. After completing the form, have two individuals who are not related to you sign it as witnesses. This procedure formally delegates decision-making power regarding your healthcare to a trusted individual. Always keep a copy of the signed document and inform your proxy about your healthcare wishes.

Getting a healthcare proxy in New York involves completing a designated form available online, particularly through reliable platforms like ours. Once you fill out the form, ensure you have it signed by two witnesses to make it legally binding. This document allows you to select someone to manage your healthcare decisions if you become unable to do so. Make sure your chosen proxy understands your healthcare preferences.

In New York, a health care proxy does not need to be notarized; however, it must be properly signed and witnessed. It is essential to have two witnesses sign the document for it to be valid. This formalizes your choices regarding medical treatment and ensures your wishes are respected. If you have more questions about creating a health care proxy for New York State, consider exploring our platform for helpful resources.

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Revocation of Health Care Proxy

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE NEW YORK CONSOLIDATED LAWS

REVOCATION OF HEALTH CARE PROXY

(Chapter 45, Article 29-C, Â§Â§ 2980 through 2994)

Selected Definitions

An "adult" is any person who is eighteen years of age or older, or is the parent of a child, or has married.

An "attending physician" is the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.

"Capacity to make health care decisions" is the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision.

"Health care" is any treatment, service or procedure to diagnose or treat an individual's physical or mental condition.

A "health care agent" or "agent" is an adult to whom authority to make health care decisions is delegated under a health care proxy.

A "health care decision" is any decision to consent or refuse to consent to health care.

A "health care proxy" is a document delegating the authority to make health care decisions, executed in accordance with the statutory requirements.

"Mental illness" is a mental illness as defined in subdivision twenty, Â§ 1.03 Mental Hyg. of the mental hygiene law. Provided, however, that mental illness does not include dementia, such as alzheimer's disease or other disorders related to dementia.

A "principal" is a person who has executed a health care proxy.

Appointment of Agent

A competent adult may appoint a health care agent in accordance with the statutory requirements.

An adult is presumed competent to appoint a health care agent unless:

such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent; or

unless a committee or guardian of the person has been appointed for the adult pursuant to article seventy-eight of the mental hygiene law or article seventeen-A of the surrogate's court procedure act.

Execution and Witnesses

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 adult witnesses. The witnesses must also sign the proxy.

Another person 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 witnesses who must also sign the proxy.

The witnesses must 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.

If a person resides in a mental hygiene facility operated or licensed by the office of mental health, at least one witness must be an individual who is not affiliated with the facility and, if the mental hygiene facility is also a hospital as defined in subdivision ten of Â§ 1.03 Mental Hyg. of the mental hygiene law, at least one witness shall be a qualified psychiatrist.

If a person resides in a mental hygiene facility operated or licensed by the office of mental retardation and developmental disabilities,

at least one witness must be an individual who is not affiliated with the facility and

at least one witness shall be a physician or clinical psychologist who is either

employed by a school named in section 13.17 Mental Hyg. of the mental hygiene law or

who has been employed for a minimum of two years to render care and service in a facility operated or licensed by the office of mental retardation and developmental disabilities, or

who has been approved by the commissioner of mental retardation and developmental disabilities in accordance with regulations approved by the commissioner.

Restrictions and Limitations on a Health Care Agent.

An operator, administrator or employee of a hospital may not be appointed as a health care agent by any person who, at the time of the appointment, is a patient or resident of, or has applied for admission to, such hospital. This restriction does not apply to:

an operator, administrator or employee of a hospital who is related to the principal by blood, marriage or adoption; or

a physician (subject to the limitation set forth below), except that no physician affiliated with a mental hygiene facility or a psychiatric unit of a general hospital may serve as agent for a principal residing in or being treated by such facility or unit unless the physician is related to the principal by blood, marriage or adoption.

If a physician is appointed agent, the physician shall not act as the patient's attending physician after the authority under the health care proxy commences.

No person who is not the spouse, child, parent, brother, sister or grandparent of the principal, or is the issue of, or married to such person, shall be appointed as a health care agent if, at the time of appointment, he or she is presently appointed health care agent for ten principals.

Form

The statutory form is not required. However, any health care proxy must:

identify the principal and agent; and

indicate that the principal intends the agent to have authority to make health care decisions on the principal's behalf.

A health care proxy may

include the principal's wishes or instructions about health care decisions, and limitations upon the agent's authority;

provide that it expires upon a specified date or upon the occurrence of a certain condition. If no such date or condition is set forth in the proxy, the proxy shall remain in effect until revoked.

If, prior to the expiration of a proxy, the authority of the agent has commenced, the proxy shall not expire while the principal lacks capacity.

A health care proxy cannot be executed on a form or other writing that also includes the execution of a power of attorney.

Agent's Authority

An agent's authority commences upon a determination that the principal lacks capacity to make health care decisions.

Alternate Agent

A competent adult may designate an alternate agent in the health care proxy to serve in place of the agent when the attending physician has determined in a writing signed by the physician that:

the person appointed as agent is not reasonably available, willing and competent to serve as agent, and

that such person is not expected to become reasonably available, willing and competent to make a timely decision given the patient's medical circumstances.

An agent may be disqualified from acting on the principal's behalf pursuant to statutory provisions or under conditions set forth in the proxy.

If, after an alternate agent's authority commences, the person appointed as the initial agent becomes available, willing and competent to serve as agent:

the authority of the alternate agent shall cease and the authority of the agent shall commence; and

the attending physician shall record the change in agent and the reasons therefor in the principal's medical record.

Obligations and Rights of Agent

Subject to any express limitations in the health care proxy, an agent has the authority to make any and all health care decisions on the principal's behalf that the principal could make.

After consultation with a licensed physician, registered nurse, licensed clinical psychologist or certified social worker, an agent shall make health care decisions:

in accordance with the principal's wishes, including the principal's religious and moral beliefs; or

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.

An agent has the right to receive medical information and medical and clinical records necessary to make informed decisions regarding the principal's health care.

Revocation

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.

A health care proxy may be revoked upon execution by the principal of a subsequent health care proxy.

The appointment of the principal's spouse as health care agent is automatically revoked upon the divorce or legal separation of the principal and spouse, unless the principal specifies otherwise.

A physician who is informed of or provided with a revocation of a health care proxy must immediately record the revocation in the principal's medical record and notify the agent and the medical staff responsible for the principal's care of the revocation.

Revocation of Health Care Proxy

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE NEW YORK CONSOLIDATED LAWS

REVOCATION OF HEALTH CARE PROXY

(Chapter 45, Article 29-C, Â§Â§ 2980 through 2994)

Selected Definitions

An "adult" is any person who is eighteen years of age or older, or is the parent of a child, or has married.

An "attending physician" is the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.

"Health care" is any treatment, service or procedure to diagnose or treat an individual's physical or mental condition.

A "health care agent" or "agent" is an adult to whom authority to make health care decisions is delegated under a health care proxy.

A "health care decision" is any decision to consent or refuse to consent to health care.

A "health care proxy" is a document delegating the authority to make health care decisions, executed in accordance with the statutory requirements.

A "principal" is a person who has executed a health care proxy.

Appointment of Agent

A competent adult may appoint a health care agent in accordance with the statutory requirements.

An adult is presumed competent to appoint a health care agent unless:

such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent; or

unless a committee or guardian of the person has been appointed for the adult pursuant to article seventy-eight of the mental hygiene law or article seventeen-A of the surrogate's court procedure act.

Execution and Witnesses

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 adult witnesses. The witnesses must also sign the proxy.

The witnesses must 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.

If a person resides in a mental hygiene facility operated or licensed by the office of mental retardation and developmental disabilities,

at least one witness must be an individual who is not affiliated with the facility and

at least one witness shall be a physician or clinical psychologist who is either

employed by a school named in section 13.17 Mental Hyg. of the mental hygiene law or

who has been employed for a minimum of two years to render care and service in a facility operated or licensed by the office of mental retardation and developmental disabilities, or

who has been approved by the commissioner of mental retardation and developmental disabilities in accordance with regulations approved by the commissioner.

Restrictions and Limitations on a Health Care Agent.

an operator, administrator or employee of a hospital who is related to the principal by blood, marriage or adoption; or

a physician (subject to the limitation set forth below), except that no physician affiliated with a mental hygiene facility or a psychiatric unit of a general hospital may serve as agent for a principal residing in or being treated by such facility or unit unless the physician is related to the principal by blood, marriage or adoption.

If a physician is appointed agent, the physician shall not act as the patient's attending physician after the authority under the health care proxy commences.

Form

The statutory form is not required. However, any health care proxy must:

identify the principal and agent; and

indicate that the principal intends the agent to have authority to make health care decisions on the principal's behalf.

A health care proxy may

include the principal's wishes or instructions about health care decisions, and limitations upon the agent's authority;

provide that it expires upon a specified date or upon the occurrence of a certain condition. If no such date or condition is set forth in the proxy, the proxy shall remain in effect until revoked.

If, prior to the expiration of a proxy, the authority of the agent has commenced, the proxy shall not expire while the principal lacks capacity.

A health care proxy cannot be executed on a form or other writing that also includes the execution of a power of attorney.

Agent's Authority

An agent's authority commences upon a determination that the principal lacks capacity to make health care decisions.

Alternate Agent

A competent adult may designate an alternate agent in the health care proxy to serve in place of the agent when the attending physician has determined in a writing signed by the physician that:

the person appointed as agent is not reasonably available, willing and competent to serve as agent, and

that such person is not expected to become reasonably available, willing and competent to make a timely decision given the patient's medical circumstances.

An agent may be disqualified from acting on the principal's behalf pursuant to statutory provisions or under conditions set forth in the proxy.

If, after an alternate agent's authority commences, the person appointed as the initial agent becomes available, willing and competent to serve as agent:

the authority of the alternate agent shall cease and the authority of the agent shall commence; and

the attending physician shall record the change in agent and the reasons therefor in the principal's medical record.

Obligations and Rights of Agent

Subject to any express limitations in the health care proxy, an agent has the authority to make any and all health care decisions on the principal's behalf that the principal could make.

After consultation with a licensed physician, registered nurse, licensed clinical psychologist or certified social worker, an agent shall make health care decisions:

in accordance with the principal's wishes, including the principal's religious and moral beliefs; or

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.

An agent has the right to receive medical information and medical and clinical records necessary to make informed decisions regarding the principal's health care.

Revocation

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.

A health care proxy may be revoked upon execution by the principal of a subsequent health care proxy.

The appointment of the principal's spouse as health care agent is automatically revoked upon the divorce or legal separation of the principal and spouse, unless the principal specifies otherwise.

Health Care Proxy For New York State

This form is part of a form package!

Description

Related forms

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How to fill out New York Revocation Of Health Care Proxy?

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FAQ

How to fill out a health care proxy form?

How to fill form of proxy?

Does a healthcare proxy need to be notarized in New York?

How to submit a health care proxy form?

How do you obtain a healthcare proxy?

How to get a healthcare proxy in NY?

Does a health care proxy need to be notarized in New York?

Trusted and secure by over 3 million people of the world’s leading companies

Health Care Proxy For New York State

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out New York Revocation Of Health Care Proxy?

Form popularity

FAQ

How to fill out a health care proxy form?

How to fill form of proxy?

Does a healthcare proxy need to be notarized in New York?

How to submit a health care proxy form?

How do you obtain a healthcare proxy?

How to get a healthcare proxy in NY?

Does a health care proxy need to be notarized in New York?

Health Care Proxy For New York State Related Searches

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