12(1)A proxy may refuse to act or may refuse to continue to act under a health care directive and, by doing so, revokes his or her appointment under the directive.
12(2)A health care professional may revoke the appointment of a proxy if the proxy unreasonably delays a decision and that delay negatively affects or may negatively affect the health of the maker, in the opinion of the health care professional.
12(3)On application, The Court of Queen’s Bench of New Brunswick may suspend or revoke the appointment of a proxy and rescind a decision made by a proxy if the proxy is found to be acting in bad faith or in contravention of this Act.
12(4)Unless a health care directive expressly provides otherwise, the appointment of a proxy is revoked if
(a)
after a health care directive has been made in which the maker’s spouse is appointed as a proxy, the maker’s marriage is terminated by divorce or is found to be void or declared a nullity by a court in a proceeding to which the maker is a party or if the maker and his or her spouse separate, and
(b)
the proxy is prohibited by court order or separation agreement from access to the maker.
12(5)If the appointment of a proxy is revoked, the next appointed proxy, if any, shall act under the health care directive.
12(6)A health care professional shall document the revocation of the appointment of a proxy and the substitution of the next appointed proxy.
12(7)Subject to subsection (5), The Court of Queen’s Bench of New Brunswick may substitute a decision of its own for a decision made by a proxy.