Expiration and Revocation

A proxy remains effective indefinitely unless the proxy document includes an expiration date or a description of circumstances that trigger expiration. Even if a proxy contains an expiration date, if the patient loses decision–making capacity before that date, the agent continues to have decision–making authority for as long as the patient lacks capacity.

An adult can revoke a health care proxy by any words or actions showing an intention to revoke, or by creating a new proxy. If an adult appoints his or her spouse as agent and later there is a divorce or legal separation, the appointment is automatically revoked unless stated otherwise by the person who created the proxy.