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A COMPETENT ADULT MAY REVOKE A HEALTH CARE PROXY; HERE PETITIONER’S MOTHER REVOKED THE PROXY BY EXECUTING A DOCUMENT REVOKING ALL DOCUMENTS OF AUTHORITY IN FAVOR OF PETITIONER (FIRST DEPT).

The Second Department determined that a document executed by Angela M., Mark M.’s mother, revoking all documents of authority in favor of Mark M. included a health care proxy:

“A competent adult may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy” (Public Health Law § 2985[1][a]). Angelina M. revoked the health care proxy prior to her incapacitation by executing a written revocation expressly revoking “any and all” documents of authority “of every nature[,] type[,] and description” in favor of Mark M. Contrary to Mark M.’s contention, the revocation is not limited to powers of attorney related to Angelina M.’s interest in real properties and certain limited liability companies and reflects Angelina M.’s intent to revoke all documents of authority in his favor, including the health care proxy. Also contrary to Mark M.’s contention, the revocation is clear and unambiguous, and the Supreme Court properly declined to consider the affidavit of the attorney who drafted the revocation … . Matter of Angelina M. (Mark M.), 2021 NY Slip Op 00649, First Dept 2-4-21

 

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