New York Law (NYLE) Practice Exam

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

1. The principal cannot have two people acting at the same time as her proxy.

2. In order to appoint a health care agent, the principal must be an adult.

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

4. In order to execute a Health Care Proxy, the principal must be able to sign her own name.

The correct answer is: In order to execute a Health Care Proxy, the principal must be able to sign her own name.

The assertion that the principal must be able to sign her own name to execute a Health Care Proxy is false. In New York, a person can still create a Health Care Proxy even if they are unable to physically sign their name, as long as they understand the nature and significance of the document they are executing. The presence of witnesses or a notary can also fulfill the requirement of execution, ensuring that the principal's intent is adequately documented despite their physical inability to sign. In contrast, the other statements are accurate: a principal cannot have multiple health care proxies acting simultaneously, a health care agent must be appointed by an adult capable of making medical decisions, and an agent’s authority to make health decisions on behalf of the principal only starts when the principal lacks the capacity to make those decisions themselves. This framework ensures that the appointment of a health care proxy aligns with the principal’s wishes while protecting their rights, even when they are incapable of managing their health care directly.