2012 New York Consolidated Laws
PBH - Public Health
Article 29-C - (2980 - 2994) HEALTH CARE AGENTS AND PROXIES
2982 - Rights and duties of agent.

 
    §  2982. Rights and duties of agent. 1. Scope of authority. Subject to
  any express limitations in the health care proxy, an  agent  shall  have
  the  authority  to  make  any  and  all  health  care  decisions  on the
  principal's behalf that the principal could make. Such  authority  shall
  be  subject to the provisions of section twenty-nine hundred eighty-nine
  of this article.
    2.  Decision-making  standard.  After  consultation  with  a  licensed
  physician,  registered  nurse,  licensed  psychologist,  licensed master
  social worker, or a licensed clinical social  worker,  the  agent  shall
  make  health  care  decisions:  (a)  in  accordance with the principal's
  wishes, including the principal's religious and moral beliefs; or (b) if
  the  principal's  wishes  are  not  reasonably  known  and  cannot  with
  reasonable  diligence be ascertained, in accordance with the principal's
  best interests;  provided,  however,  that  if  the  principal's  wishes
  regarding  the  administration of artificial nutrition and hydration are
  not  reasonably  known  and  cannot   with   reasonable   diligence   be
  ascertained,  the  agent  shall not have the authority to make decisions
  regarding these measures.
    3. Right to  receive  information.  Notwithstanding  any  law  to  the
  contrary,  the agent shall have the right to receive medical information
  and medical and clinical records necessary to  make  informed  decisions
  regarding the principal's health care.
    4.  Priority  over other surrogates. Health care decisions by an agent
  on a principal's behalf pursuant to this  article  shall  have  priority
  over  decisions by any other person, except as otherwise provided in the
  health care proxy or in subdivision five of section  two  thousand  nine
  hundred eighty-three of this article.