§ 2982 — Rights and duties of agent

§ 2982. Rights and duties of agent. 1. Scope of authority. Subject to\nany express limitations in the health care proxy, an agent shall have\nthe authority to make any and all health care decisions on the\nprincipal's behalf that the principal could make. Such authority shall\nbe subject to the provisions of section twenty-nine hundred eighty-nine\nof this article.\n 2. Decision-making standard. After consultation with a licensed\nphysician, registered nurse, physician assistant, nurse practitioner,\nlicensed psychologist, licensed master social worker, or a licensed\nclinical social worker, the agent shall make health care decisions: (a)\nin accordance with the principal's wishes, including the principal's\nreligious and moral beliefs; or (b) if the principal's wishes are not\nreasonably known and cannot with reasonable diligence be ascertained, in\naccordance with the principal's best interests; provided, however, that\nif the principal's wishes regarding the administration of artificial\nnutrition and hydration are not reasonably known and cannot with\nreasonable diligence be ascertained, the agent shall not have the\nauthority to make decisions regarding these measures.\n 3. Right to receive information. Notwithstanding any law to the\ncontrary, the agent shall have the right to receive medical information\nand medical and clinical records necessary to make informed decisions\nregarding the principal's health care.\n 4. Priority over other surrogates. Health care decisions by an agent\non a principal's behalf pursuant to this article shall have priority\nover decisions by any other person, except as otherwise provided in the\nhealth care proxy or in subdivision five of section two thousand nine\nhundred eighty-three of this article.\n