A 721: Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 721 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL, BRONSON, DAVILA -- Multi-Sponsored by -- M. of A. GLICK, LUPARDO, McDONOUGH -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to witnesses to a health care proxy and to amend the penal law, in relation to the crime of forgery in the second degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 2 of section 2981 of the 2 public health law, as amended by chapter 708 of the laws of 2019, is 3 amended to read as follows: 4 (a) A competent adult may appoint a health care agent by a health care 5 proxy, signed and dated by the adult in the presence of [two] one adult 6 [witnesses] witness who shall also sign the proxy. However, a person who 7 resides in a facility operated or licensed by the office of mental 8 health or the office for people with developmental disabilities, shall 9 sign such proxy in the presence of two adult witnesses who shall also 10 sign the proxy. Another person, who shall not be a witness, may sign and 11 date the health care proxy for the adult if the adult is unable to do 12 so, at the adult's direction and in the adult's presence, and in the 13 presence of [two adult] the witness or witnesses who shall sign the 14 proxy. The witness or witnesses shall state that the principal appeared 15 to execute the proxy willingly and free from duress. The person 16 appointed as agent shall not act as witness to execution of the health 17 care proxy. 18 § 2. Subdivision 1 of section 170.10 of the penal law, as amended by 19 chapter 949 of the laws of 1984, is amended to read as follows: 20 1. A deed, will, codicil, contract, assignment, commercial instrument, 21 credit card, as that term is defined in subdivision seven of section 22 155.00 of this part, health care proxy under article twenty-nine-C of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02410-01-5 
 A. 721 2 1 the public health law, or other instrument which does or may evidence, 2 create, transfer, terminate or otherwise affect a legal right, interest, 3 obligation or status; or 4 § 3. This act shall take effect on the ninetieth day after it shall 5 have become a law.