How to fill out a health care proxy form?

To fill out a health care proxy form in NY State, begin by entering your name and the name of your designated agent. Clearly state your health care preferences, which guide your agent's decisions. It is essential to sign and date the form, and you should consider having it witnessed to fulfill New York's legal requirements.

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New York Revocation of Health Care Proxy

Health Care Proxy Form Ny State

Category:

Power of Attorney - Healthcare - Revocations

State:

New York

Control #:

NY-P020B

Format:

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Description

The Health Care Proxy Form in New York State allows individuals, referred to as Declarants, to designate a trusted person to make healthcare decisions on their behalf in case they are unable to communicate their wishes. This form is essential for ensuring that medical preferences are honored during critical situations. Key features of the form include clear instructions for filling it out, a section for revoking a previously established proxy, and provisions for notifying the appointed agent or healthcare provider of any changes. Users are advised to complete the form with their full name, date, and signature to ensure validity. This document is particularly useful for attorneys, partners, and associates involved in estate planning and healthcare law, as it provides legal clarity for healthcare decision-making. Paralegals and legal assistants also benefit from this form as they help clients navigate healthcare decisions and ensure proper documentation is in place. The Health Care Proxy Form encourages proactive planning and communication regarding healthcare preferences, making it a vital resource for individuals and families.

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

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FAQ

You can obtain a health care proxy in New York by downloading a form from state resources or using an online service like uslegalforms. This process allows you to fill out the necessary information carefully and designate someone to make health care decisions on your behalf. Make sure to follow the signing and witnessing requirements so your health care proxy form in NY state is legally valid. This way, you can ensure your health care preferences are respected.

To submit a health care proxy form in New York, you typically provide copies to your health care providers, hospital, or anyone involved in your care. It is important to keep one copy for your records as well. Ensure that your designated agent also has a copy to reference your health care wishes. For an easy way to create and store your health care proxy form in NY state, uslegalforms offers guided options.

In New York, a health care proxy does not need to be notarized. However, it must be signed by you and two witnesses who are not related to you or beneficiaries. This requirement ensures that your health care wishes are honored in a valid format. If you need assistance with creating a health care proxy form in NY state, consider using uslegalforms for a straightforward solution.

If you do not have a healthcare proxy in NY, medical decisions default to a hierarchy of family members. This typically starts with your spouse, then adult children, and may extend to siblings or parents. Without a health care proxy form, your loved ones may face confusion about your healthcare preferences.

Getting a healthcare proxy in NY is straightforward. First, you need to complete a healthcare proxy form, which you can find on reputable websites like uslegalforms. After filling out the form, it must be signed in front of two witnesses for the document to be valid.

In New York, your spouse is not automatically considered your health care proxy. You must explicitly designate your spouse as your healthcare proxy using a signed form. This way, your intentions regarding health care decisions will be clear and legally recognized.

To obtain a healthcare proxy form in NY state, you can easily download the document from various online platforms, including uslegalforms. Once you have the healthcare proxy form, you fill it out and sign it in the presence of two witnesses. This ensures that your healthcare decisions are honored when you cannot communicate.

An example of a health care proxy is a written document where you appoint a trusted family member or friend to make medical decisions for you when you cannot do so. This important form allows your agent to follow your wishes regarding treatments and procedures based on your expressed desires. You can utilize US Legal Forms to access a customizable health care proxy form in NY State that meets all legal guidelines.

In New York, a health care proxy form does not need to be notarized to be valid. However, it must be signed by you and witnessed by at least two individuals who are not related to you. To ensure that your health care choices are clear and respected, consider using the services offered by US Legal Forms to create a compliant document.

To fill out a health care proxy form in NY State, begin by entering your name and the name of your designated agent. Clearly state your health care preferences, which guide your agent's decisions. It is essential to sign and date the form, and you should consider having it witnessed to fulfill New York's legal requirements.

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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 Form Ny 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?

Form popularity

FAQ

How to get a health care proxy in NY?

How to submit a health care proxy form?

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

Who makes decisions if you have no health care proxy in NY?

How to get a healthcare proxy in NY?

Is your spouse automatically your health care proxy in NY?

How do you obtain a healthcare proxy?

What is an example of a healthcare proxy?

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

How to fill out a health care proxy form?

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

Health Care Proxy Form Ny 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 get a health care proxy in NY?

How to submit a health care proxy form?

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

Who makes decisions if you have no health care proxy in NY?

How to get a healthcare proxy in NY?

Is your spouse automatically your health care proxy in NY?

How do you obtain a healthcare proxy?

What is an example of a healthcare proxy?

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

How to fill out a health care proxy form?

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