Section 2982. Rights and duties of agent  


Latest version.
  • 1. Scope of authority. Subject to
      any express limitations in the health care proxy, an  agent  shall  have
      the  authority  to  make  any  and  all  health  care  decisions  on the
      principal's behalf that the principal could make. Such  authority  shall
      be  subject to the provisions of section twenty-nine hundred eighty-nine
      of this article.
        2.  Decision-making  standard.  After  consultation  with  a  licensed
      physician,  registered  nurse,  licensed  psychologist,  licensed master
      social worker, or a licensed clinical social  worker,  the  agent  shall
      make  health  care  decisions:  (a)  in  accordance with the principal's
      wishes, including the principal's religious and moral beliefs; or (b) 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.
        3. Right to  receive  information.  Notwithstanding  any  law  to  the
      contrary,  the agent shall have the right to receive medical information
      and medical and clinical records necessary to  make  informed  decisions
      regarding the principal's health care.
        4.  Priority  over other surrogates. Health care decisions by an agent
      on a principal's behalf pursuant to this  article  shall  have  priority
      over  decisions by any other person, except as otherwise provided in the
      health care proxy or in subdivision five of section  two  thousand  nine
      hundred eighty-three of this article.