A competent adult may revoke a New York 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;
- Execution by the principal of a subsequent health care proxy; or
- Divorce or legal separation of the principal and spouse, unless the principal specifies otherwise.
Every adult is presumed to be competent unless determined otherwise by a court order.
A physician who is informed of or provided with a revocation of a health care proxy shall 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. Any member of the staff of a health care provider informed of or provided with a revocation of a health care proxy shall immediately notify a physician of such revocation.
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 the administration of artificial nutrition and hydration.
Contact the experienced Friedman & Ranzenhofer, PC estate planning attorneys to have your health care proxy and living will prepared.