§ 2985 — Revocation

§ 2985. Revocation. 1. Means of revoking proxy. (a) A competent adult\nmay revoke a health care proxy by notifying the agent or a health care\nprovider orally or in writing or by any other act evidencing a specific\nintent to revoke the proxy.\n (b) For the purposes of this section, every adult shall be presumed\ncompetent unless determined otherwise pursuant to court order.\n (c) A health care proxy shall also be revoked upon execution by the\nprincipal of a subsequent health care proxy.\n (d) The creation by the principal of written wishes or instructions\nabout health care, or limitations upon the agent's authority, shall not\nrevoke a health care proxy unless such wishes, instructions or\nlimitations expressly provide otherwise. Such wishes, instructions or\nlimitations shall constitute evidence of the principal's wishes for\npurposes of subdivision two of section two thousand nine hundred\neighty-two of this article.\n (e) The appointment of the principal's spouse as health care agent\nshall be revoked upon the divorce or legal separation of the principal\nand spouse, unless the principal specifies otherwise.\n 2. Duty to record revocation. (a) A physician, physician assistant, or\nnurse practitioner who is informed of or provided with a revocation of a\nhealth care proxy shall immediately (i) record the revocation in the\nprincipal's medical record and (ii) notify the agent and the medical\nstaff responsible for the principal's care of the revocation.\n (b) Any member of the staff of a health care provider informed of or\nprovided with a revocation of a health care proxy pursuant to this\nsection shall immediately notify a physician, physician assistant, or\nnurse practitioner of such revocation.\n