Who may be a health care proxy?
New York law contains the following restrictions on who can be a health care proxy: • An operator, administrator or employee of a hospital may not be appointed as a health care agent by any person who, at the time of the appointment, is a patient or resident of, or has applied for admission to, such hospital. • The restriction in paragraph (a) of this subdivision shall not apply to: (i) an operator, administrator or employee of a hospital who is related to the principal by blood, marriage or adoption; or (ii) a physician, subject to the limitation set forth in paragraph (c) of this subdivision, except that no physician affiliated with a mental hygiene facility or a psychiatric unit of a general hospital may serve as agent for a principal residing in or being treated by such facility or unit unless the physician is related to the principal by blood, marriage or adoption. • If a physician is appointed agent, the physician shall not act as the patient’s attending physician after the autho
