Bill Text: NY A02186 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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; also includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced - Dead) 2012-06-11 - reported referred to rules [A02186 Detail]

Download: New_York-2011-A02186-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2186
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2011
                                      ___________
       Introduced  by  M.  of A. ROSENTHAL, KELLNER, GOTTFRIED -- 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  added  by  chapter 752 of the laws of 1990, 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
   11  and  date  the health care proxy for the adult if the adult is unable to
   12  do 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    S  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,  HEALTH  CARE  PROXY  UNDER  ARTICLE TWENTY-NINE-C OF THE PUBLIC
   23  HEALTH LAW, or other instrument which  does  or  may  evidence,  create,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01763-03-1
       A. 2186                             2
    1  transfer,  terminate  or otherwise affect a legal right, interest, obli-
    2  gation or status; or
    3    S  3.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.