How do you revoke a living will?
Full Question:
Answer:
Please see our form at the following link:
http://www.uslegalforms.com/ny/NY-P020B.htm
The following is a NY statute for revoking a health care proxy:
§ 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 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.
The following is a statute related to DNRs:
§ 2969. Revocation of consent to order not to resuscitate. 1. A person
may, at any time, revoke his or her consent to an order not to
resuscitate himself or herself by making either a written or an oral
declaration to a physician or member of the nursing staff at the
hospital where he or she is being treated, or by any other act
evidencing a specific intent to revoke such consent.
2. Any surrogate, parent, or legal guardian may at any time revoke his
or her consent to an order not to resuscitate a patient by (a) notifying
a physician or member of the nursing staff of the revocation of consent
in writing, dated and signed, or (b) orally notifying the attending
physician in the presence of a witness eighteen years of age or older.
3. Any physician who is informed of or provided with a revocation of
consent pursuant to this section shall immediately include the
revocation in the patient's chart, cancel the order, and notify the
hospital staff responsible for the patient's care of the revocation and
cancellation. Any member of the nursing staff who is informed of or
provided with a revocation of consent pursuant to this section shall
immediately notify a physician of such revocation.