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How Can a Health Care Proxy Be Revoked in New York State?
How Can a Health Care Proxy Be Revoked in New York State?

What happens when you have a health care proxy in place, and something happens to your healthcare agent or you just no longer want that person to make these important decisions on your behalf.

Life happens. Relationships evolve. Maybe you originally chose a spouse, but you are now divorced. Or perhaps your agent moved away, and you need someone more accessible. Whatever the reason, revoking a health care proxy requires the skilled assistance of a lawyer.

How can a health care proxy be revoked in New York state? Learn how to revoke a health care proxy legally and what steps you should take to ensure your new preferences are honored.

Ways to Revoke a Health Care Proxy

State law allows you to revoke a health care proxy at any time in New York, as long as you are mentally competent. There are a few ways to do this.

Creating a New Health Care Proxy

The simplest and most effective way to revoke an existing health care proxy is to create a new one. Under state law, creating a new healthcare proxy automatically cancels any previous version.

A Written and Signed Revocation Statement

You can also revoke your proxy by writing a formal statement, signing it, and giving a copy to your doctor, hospital, and anyone else who had the old proxy.

Telling Your Doctor or Healthcare Provider

You can verbally tell your doctor or any healthcare provider that you want to revoke your proxy. They are required by law to update your records accordingly.

A healthcare proxy attorney could help you revoke your healthcare proxy and ensure it is legally valid.

When Should You Revoke a Health Care Proxy?

While it is good to review your health care proxy periodically, there are some common situations in which you may need to revoke or update it. These include:

  • Your Relationship With Your Agent Has Changed: If your spouse is your agent and you have divorced, you can appoint another agent
  • Your Agent Is No Longer Available: If your agent has moved away, fallen ill, or passed away, it is crucial to choose a new representative
  • Your Medical Preferences Have Changed: If your outlook on medical treatments or life-sustaining care has shifted, you should update your proxy to reflect those beliefs
  • You Simply Change Your Mind: Even if you do not have a specific reason to revoke a proxy, if you feel someone else would better represent your wishes, you can update your preferences

An attorney in New York could help you determine if you need to update or revoke your health care proxy and guide you through the process.

What Happens After Revocation?

Once you revoke your New York health care proxy, take these steps to ensure your updated preferences are recognized:

  • Inform Your Doctor and Healthcare Providers: Make sure your medical records reflect the revocation
  • Notify Your Former and New Agent: Let the old agent know they no longer have decision-making authority and inform the new agent of their role
  • Distribute Updated Copies: If you have created a new proxy, provide copies to your doctor, hospital, family members, and anyone with the previous version

A lawyer could help ensure your preferences are updated and understood by the relevant parties.

Can Someone Else Revoke Your Health Care Proxy?

No. Only you can revoke your own health care proxy, unless a court determines that you are no longer mentally competent to make decisions for yourself. In that case, legal guardianship may be required.

Learn More About How a Health Care Proxy Can Be Revoked in New York State – Meet With Us Today

Your health care proxy is a powerful document, but it should always reflect your current wishes and trusted relationships. If you need to revoke or update yours, act now to ensure your medical care aligns with your values.

At Tully Law Group, PC, we help individuals and families navigate the complexities of health care proxies and estate planning. If you are still unsure about how a health care proxy can be revoked in New York State, we are here to help. Reach out to us today to update your documents and secure your peace of mind.