Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; includes falsely making or altering a health care proxy within the crime of forgery in the second degree.
STATE OF NEW YORK
________________________________________________________________________
385
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL, GUNTHER, BRONSON -- Multi-Sponsored
by -- M. of A. GLICK, LUPARDO, McDONOUGH, THIELE -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to witnesses to a
health care proxy and to amend the penal law, in relation to the crime
of forgery in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 2981 of the
2 public health law, as amended by chapter 708 of the laws of 2019, is
3 amended to read as follows:
4 (a) A competent adult may appoint a health care agent by a health care
5 proxy, signed and dated by the adult in the presence of [two] one adult
6 [witnesses] witness who shall also sign the proxy. However, a person who
7 resides in a facility operated or licensed by the office of mental
8 health or the office for people with developmental disabilities, shall
9 sign such proxy in the presence of two adult witnesses who shall also
10 sign the proxy. Another person, who shall not be a witness, may sign and
11 date the health care proxy for the adult if the adult is unable to do
12 so, at the adult's direction and in the adult's presence, and in the
13 presence of [two adult] the witness or witnesses who shall sign the
14 proxy. The witness or witnesses shall state that the principal appeared
15 to execute the proxy willingly and free from duress. The person
16 appointed as agent shall not act as witness to execution of the health
17 care proxy.
18 § 2. Subdivision 1 of section 170.10 of the penal law, as amended by
19 chapter 949 of the laws of 1984, is amended to read as follows:
20 1. A deed, will, codicil, contract, assignment, commercial instrument,
21 credit card, as that term is defined in subdivision seven of section
22 155.00 of this part, health care proxy under article twenty-nine-C of
23 the public health law, or other instrument which does or may evidence,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00760-01-3
A. 385 2
1 create, transfer, terminate or otherwise affect a legal right, interest,
2 obligation or status; or
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law.
