2982 - Rights and duties of agent.

§  2982. Rights and duties of agent. 1. Scope of authority. Subject to  any express limitations in the health care proxy, an  agent  shall  have  the  authority  to  make  any  and  all  health  care  decisions  on the  principal's behalf that the principal could make. Such  authority  shall  be  subject to the provisions of section twenty-nine hundred eighty-nine  of this article.    2.  Decision-making  standard.  After  consultation  with  a  licensed  physician,  registered  nurse,  licensed  psychologist,  licensed master  social worker, or a licensed clinical social  worker,  the  agent  shall  make  health  care  decisions:  (a)  in  accordance with the principal's  wishes, including the principal's religious and moral beliefs; or (b) if  the  principal's  wishes  are  not  reasonably  known  and  cannot  with  reasonable  diligence be ascertained, in accordance with the principal's  best interests;  provided,  however,  that  if  the  principal's  wishes  regarding  the  administration of artificial nutrition and hydration are  not  reasonably  known  and  cannot   with   reasonable   diligence   be  ascertained,  the  agent  shall not have the authority to make decisions  regarding these measures.    3. Right to  receive  information.  Notwithstanding  any  law  to  the  contrary,  the agent shall have the right to receive medical information  and medical and clinical records necessary to  make  informed  decisions  regarding the principal's health care.    4.  Priority  over other surrogates. Health care decisions by an agent  on a principal's behalf pursuant to this  article  shall  have  priority  over  decisions by any other person, except as otherwise provided in the  health care proxy or in subdivision five of section  two  thousand  nine  hundred eighty-three of this article.