§ 2981. Appointment of health care agent; health care proxy. 1.\nAuthority to appoint agent; presumption of competence. (a) A competent\nadult may appoint a health care agent in accordance with the terms of\nthis article.\n (b) For the purposes of this section, every adult shall be presumed\ncompetent to appoint a health care agent unless such person has been\nadjudged incompetent or otherwise adjudged not competent to appoint a\nhealth care agent, or unless a guardian of the person has been appointed\nfor the adult pursuant to article eighty-one of the mental hygiene law\nor article seventeen-A of the surrogate's court procedure act.\n 2. Health care proxy; execution; witnesses. (a) A competent adult may\nappoint a health care agent by a health care proxy, signed and dated by\nthe adult in the presence of two adult witnesses who shall also sign the\nproxy. Another person may sign and date the health care proxy for the\nadult if the adult is unable to do so, at the adult's direction and in\nthe adult's presence, and in the presence of two adult witnesses who\nshall sign the proxy. The witnesses shall state that the principal\nappeared to execute the proxy willingly and free from duress. The person\nappointed as agent shall not act as witness to execution of the health\ncare proxy.\n (b) For persons who reside in a mental hygiene facility operated or\nlicensed by the office of mental health, at least one witness shall be\nan individual who is not affiliated with the facility and, if the mental\nhygiene facility is also a hospital as defined in subdivision ten of\nsection 1.03 of the mental hygiene law, at least one witness shall be a\nqualified psychiatrist or psychiatric nurse practitioner.\n (c) For persons who reside in a mental hygiene facility operated or\nlicensed by the office for people with developmental disabilities, at\nleast one witness shall be an individual who is not affiliated with the\nfacility and at least one witness shall be a physician, nurse\npractitioner, physician assistant or clinical psychologist who either is\nemployed by a developmental disabilities services office named in\nsection 13.17 of the mental hygiene law or who has been employed for a\nminimum of two years to render care and service in a facility operated\nor licensed by the office for people with developmental disabilities, or\nhas been approved by the commissioner of developmental disabilities in\naccordance with regulations approved by the commissioner. Such\nregulations shall require that a physician, nurse practitioner,\nphysician assistant, or clinical psychologist possess specialized\ntraining or three years experience in treating developmental\ndisabilities.\n 2-a. Alternate procedure for witnessing of health care proxies.\nWitnessing a health care proxy under this section may be done using\naudio-video technology, for either or both witnesses, provided that the\nfollowing conditions are met (as used in this subdivision, "remote\nwitness" means a witness acting using audio-visual technology):\n (a) The principal, if not personally known to a remote witness, shall\ndisplay valid photographic identification to the remote witness during\nthe audio-video conference;\n (b) The audio-video conference shall allow for direct interaction\nbetween the principal and any remote witness;\n (c) Any remote witness shall receive a legible copy of the health care\nproxy, which shall be transmitted via facsimile or electronic means,\nwithin twenty-four hours of the proxy being signed by the principal\nduring the audio-video conference; and\n (d) The remote witness shall sign the transmitted copy of the proxy,\nand transmit it back to the principal.\n 3. Restrictions on who may be and limitations on a health care agent.\n(a) An operator, administrator or employee of a hospital may not be\nappointed as a health care agent by any person who, at the time of the\nappointment, is a patient or resident of, or has applied for admission\nto, such ho
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