N.Y. Public Health Law § 2985: Revocation

§ 2985. Revocation. 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, physician assistant, or

nurse practitioner 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, physician assistant, or

nurse practitioner of such revocation.