New York Law (NYLE) Practice Exam

Which of the following statements about a Health Care Proxy is false?

1. The principal cannot have two proxies acting simultaneously

2. The principal must be an adult to appoint a health care agent

3. The principal must be able to sign her name to execute a Health Care Proxy

4. The agent's authority commences only when the principal lacks capacity

The correct answer is: The principal must be able to sign her name to execute a Health Care Proxy

The statement that the principal must be able to sign her name to execute a Health Care Proxy is considered false. Under New York law, an individual does not need to be able to physically sign their name to create a valid Health Care Proxy. The law allows for alternative methods of execution, including using a mark or having another individual sign the document on behalf of the principal, provided that this is done in the presence of the principal and that the principal intends to affirm the document. This is significant because it ensures that individuals who may have difficulty with traditional forms of signing, due to disabilities or other reasons, still have access to appoint a health care agent and make important medical decisions on their behalf. In contrast, the other statements are true. A principal can only appoint one health care proxy at a time, which helps prevent confusion regarding who has the authority to make decisions. The requirement of being an adult to appoint a health care agent ensures that the individual possesses the legal capacity to understand the ramifications of their decisions. Additionally, the authority of the health care agent to act on the principal's behalf indeed commences only when the principal is deemed to lack capacity, as intended by the legislation to ensure that the agent's actions align with the principal's wishes when they