The durable power of attorney is a legal arrangement which gives authority to a named individual for decisions, including those related to artificial life support. These legal arrangements allow the named person to decide whether or not the patient should remain connected to a respirator (often indicated in a living will, which must be honored). Power or attorney comes up in other situations as well.
New York durable power of attorney laws grant the named individual (or "attorney-in-fact") to make decisions related to care, treatment, and whether to continue life support.
Below are details about the specific powers, legal requirements, revocation, and state-to-state validity of New York durable power of attorney laws. See Power of Attorney for Healthcare and Living Wills to learn more.
| Code Section | Pub. Health Law §2980, et seq. Health Care Agent and Proxies |
| Specific Powers, Life-Prolonging Acts | Any decision to consent or refuse consent of any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition |
| Legal Requirements for Durable Power of Attorney | (1) Competent adult; (2) signed; (3) dated; (4) 2 adult witnesses who shall sign proxy and state that principal appeared to execute proxy willingly and free from duress; (5) indicate that principal wants agent to make health care decisions for him; (6) agent's authority begins when it is determined that principal lacks capacity to make health care decisions (made by attending physician to a reasonable degree of medical certainty and in writing; case of decision to withhold or withdraw life-sustaining treatment another physician must confirm determination; (7) sample form §2981 (5) (d) |
| Revocation of Durable Power of Attorney | Proxy may provide that it expires on a specified date or occurrence of condition; otherwise in effect until revoked. Revocable by (1) notifying agent or health care provider orally, in writing, or any other act evidencing intent to revoke; (2) divorce if former spouse was agent; (3) upon execution of a subsequent health care proxy |
| Validity from State-to-State | Effective if executed in another state in compliance with laws of that state |
| If Physician Unwilling to Follow Durable Power of Attorney | If agent's health care decision can not be honored, agent must be informed prior to admission if possible and transferred promptly to another hospital that is reasonably accessible under the circumstances and willing to honor agent's decision. Health care provider shall cooperate in facilitating such transfer. |
| Immunity for Attending Physician | No criminal, civil, or professional liability for acting in good faith pursuant to statute |
Note: State laws are constantly changing -- contact a New York estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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