Section 2985. Revocation  


Latest version.
  • 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 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 of such revocation.