§ 2980 Definitions
§ 2981 Appointment of Health Care Agent; Health Care Proxy
§ 2982 Rights and Duties of Agent
§ 2983 Determination of Lack of Capacity to Make Health Care Decisions for the Purpose of Empowering Agent
§ 2984 Provider’s Obligations
§ 2985 Revocation
§ 2986 Immunity
§ 2987 Liability for Health Care Costs
§ 2988 Requiring or Prohibiting Execution of Proxy
§ 2989 Effect On Other Rights
§ 2990 Proxies Executed in Other States
§ 2991 Creation and Use of Proxies in Residential Health Care and Mental Hygiene Facilities
§ 2992 Special Proceeding Authorized
§ 2993 Regulations
§ 2994 Rights to Be Publicized

Terms Used In New York Laws > Public Health > Article 29-C - Health Care Agents and Proxies

  • Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. Public Health Law 2980
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. Public Health Law 2980
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attending practitioner: means the physician, physician assistant, or nurse practitioner, licensed or certified pursuant to title eight of the education law, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2980
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Capacity to make health care decisions: means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision. See N.Y. Public Health Law 2980
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. Public Health Law 2980
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. Public Health Law 2980
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. Public Health Law 2980
  • Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. Public Health Law 2980
  • Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. Public Health Law 2980
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending practitioner to a reasonable degree of medical certainty. See N.Y. Public Health Law 2980
  • Mental hygiene facility: means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office for people with developmental disabilities. See N.Y. Public Health Law 2980
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. Public Health Law 2980
  • Nurse practitioner: means a nurse practitioner certified under § 6910 of the education law, practicing within his or her scope of practice. See N.Y. Public Health Law 2980
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal: means a person who has executed a health care proxy. See N.Y. Public Health Law 2980
  • Qualified psychiatrist: means , for the purposes of this article, a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or (b) is certified by the American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board. See N.Y. Public Health Law 2980
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending practitioner or another person acting on behalf of the attending practitioner or the hospital. See N.Y. Public Health Law 2980
  • sewer rents: when used in this chapter shall mean any rents or charges imposed pursuant to section 24-514 of the code or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of article five of the public authorities law. See N.Y. New York City Administrative Code 11-301
  • sewer surcharges: when used in this chapter shall mean the charges imposed pursuant to section 24-523 of the code or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of Article 5 of the public authorities law. See N.Y. New York City Administrative Code 11-301
  • tax lien: when used in this chapter shall mean the lien arising pursuant to the provisions of this chapter or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of Article 5 of the public authorities law, as a result of the nonpayment of taxes, assessments, sewer rents, sewer surcharges, water rents, any other charges that are made a lien subject to the provisions of this chapter, the costs of any advertisements and notices given pursuant to this chapter, any other charges that are due and payable, a surcharge pursuant to section 11-332 of this chapter if the tax lien is sold, interest and penalties thereon and the right of the city to receive such amounts. See N.Y. New York City Administrative Code 11-301
  • tax lien certificate: when used in this chapter shall mean the instrument evidencing a tax lien and executed by the commissioner of finance or his

    or her designee at such time as such lien is transferred to a purchaser upon sale of such lien by the city. See N.Y. New York City Administrative Code 11-301