1034-00004 · Group Strathmore Corp · Powers of Attorney & Health Care

health-care-proxy-caldwell.docx DOCUMENT M&A / Corporate

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HEALTH CARE PROXY

Pursuant to Article 29-C of the New York Public Health Law (§ 2981 *et seq.*)

Principal: Jonathan Robert Caldwell

Date of Execution: April 1, 2023

Section 1: Identification of Principal

I, Jonathan Robert Caldwell, born on March 14, 1956, currently residing at 418 East 72nd Street, Apt. 14A, New York, New York 10021, being an adult of sound mind and acting voluntarily, without duress, fraud, or undue influence of any kind, do hereby make and execute this Health Care Proxy in accordance with the provisions of Article 29-C of the New York Public Health Law (§ 2981 et seq.).

I understand the nature and consequences of this Health Care Proxy. I understand that by executing this document, I am granting another person the authority to make health care decisions on my behalf in the event that I lose the capacity to make such decisions for myself. I make this Health Care Proxy after careful deliberation and with a full understanding of its significance, purpose, and effect.

Section 2: Appointment of Health Care Agent

I hereby appoint the following person as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise in this document:

Name of Agent: Eleanor Victoria Caldwell

Relationship to Principal: Spouse

Address: 418 East 72nd Street, Apt. 14A, New York, New York 10021

Telephone: (212) _-__

My health care agent shall have the authority to make all health care decisions on my behalf, in accordance with my wishes as known to the agent, including wishes expressed in this Health Care Proxy, in any related advance directive or living will executed by me, or as otherwise communicated by me to the agent during my lifetime. If my wishes are not reasonably known and cannot be ascertained with reasonable diligence, my health care agent shall make health care decisions for me in accordance with my best interests. In determining my best interests, the agent shall consider my personal, philosophical, religious, and moral beliefs and values, to the extent known to the agent, as well as any other factors that the agent reasonably believes I would have considered had I been able to make the decision myself.

Section 3: Appointment of Successor Health Care Agent

If my primary health care agent, Eleanor Victoria Caldwell, is unable, unwilling, or unavailable to act as my health care agent — whether by reason of death, incapacity, resignation, refusal, disqualification, or for any other reason — I hereby appoint the following person as my successor health care agent:

Name of Successor Agent: Katherine Claire Hartfield

Relationship to Principal: Daughter

Address: 210 Briarcliff Lane, Greenwich, Connecticut 06830

Telephone: (203) _-__

My successor health care agent shall have the same authority, rights, powers, and obligations as my primary health care agent under this Health Care Proxy, and all references in this document to "my health care agent" or "the agent" shall, upon the successor agent's assumption of the role, be deemed to refer equally to my successor health care agent. The determination that the primary agent is unable, unwilling, or unavailable to act may be made by the attending physician or by any health care provider or institution then providing care to me, in consultation with the successor agent, without the necessity of any court proceeding or formal adjudication.

Section 4: Scope of Authority Granted to Agent

The authority granted to my health care agent under this Health Care Proxy shall be broad and shall encompass the power and authority to make any and all health care decisions that I could make for myself if I had the capacity to do so. Without limiting the generality of the foregoing, my health care agent shall have the authority to:

(a) Consent to, refuse, or withdraw consent to any medical treatment, service, or procedure, including but not limited to life-sustaining treatment as defined under New York Public Health Law § 2961(4);

(b) Consent to, refuse, or withdraw consent to artificial nutrition and hydration, including the provision or removal of intravenous feeding, nasogastric tubes, gastrostomy tubes, or any other means of providing sustenance or fluids;

(c) Consent to, refuse, or withdraw consent to any surgical procedure, whether elective, therapeutic, or emergency in nature;

(d) Consent to, refuse, or withdraw consent to diagnostic testing, imaging studies, laboratory analyses, biopsies, and any other medical examination or assessment;

(e) Consent to, refuse, or withdraw consent to the administration, withholding, or withdrawal of any medication, including but not limited to antibiotics, analgesics, sedatives, chemotherapy, and experimental or investigational drugs or therapies;

(f) Authorize or direct the admission to, transfer between, or discharge from any hospital, nursing facility, rehabilitation center, hospice, assisted living facility, or any other health care institution or program;

(g) Access, obtain, review, and authorize the release of my medical records and protected health information, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq., and the regulations promulgated thereunder at 45 C.F.R. Parts 160 and 164, to the full extent permitted by law, it being my intent that this Health Care Proxy shall serve as a specific authorization for the release of individually identifiable health information to my agent;

(h) Hire, retain, discharge, and replace physicians, nurses, therapists, home health aides, and any other health care provider, whether in an institutional or home-based setting, and to contract for health care services on my behalf;

(i) Make decisions regarding the donation of my organs, tissues, or other anatomical gifts, in accordance with the Uniform Anatomical Gift Act as adopted in the State of New York and any other applicable law;

(j) Make decisions regarding post-mortem examination, autopsy, and the disposition of my remains, subject to applicable law and to any separate instructions I may have provided; and

(k) Execute any waivers, releases, consents, authorizations, or other documents that may be required or requested by any health care provider, institution, insurance company, or governmental entity in connection with my health care.

Notwithstanding the breadth of authority granted herein, my health care agent's authority shall become effective when, and only when, my attending physician determines, in accordance with New York Public Health Law § 2981, that I lack the capacity to make health care decisions for myself. For purposes of this Health Care Proxy, "lack of capacity" means that I am unable, as determined by my attending physician to a reasonable degree of medical certainty, to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of, and alternatives to, any proposed health care, or to reach an informed decision regarding such health care. Upon a subsequent determination by my attending physician that I have regained the capacity to make health care decisions, the authority of my health care agent shall be suspended for so long as I retain such capacity.

Section 5: Statement of Wishes and Instructions

In order to provide guidance to my health care agent in the exercise of the authority granted under this Health Care Proxy, I set forth the following statement of my wishes and instructions regarding my health care:

(a) General Standard of Care. It is my wish to receive all medically appropriate treatment that is consistent with my comfort and dignity. I value the preservation of my life, but I also value the quality of my life and my personal dignity. I ask my health care agent to weigh these values carefully in making decisions on my behalf.

(b) Terminal Condition or Permanent Unconsciousness. If I am diagnosed with a terminal condition from which there is no reasonable expectation of recovery, or if I am in a state of permanent unconsciousness (including but not limited to a persistent vegetative state or irreversible coma) as determined by my attending physician and confirmed by a second physician with appropriate expertise, I desire that my health care agent consider the following factors in making decisions regarding life-sustaining treatment: (i) my quality of life, including the extent to which I am able to experience, interact with, and derive meaning from my surroundings; (ii) the degree of suffering, pain, or discomfort I am experiencing or am likely to experience; and (iii) the realistic prospects for my recovery or improvement as assessed by the medical professionals responsible for my care. I trust my health care agent to weigh these considerations and to make decisions that are consistent with my values and with the guidance I have provided.

(c) Pain Management and Palliative Care. Under all circumstances, regardless of any other decisions made regarding my treatment, I wish to receive adequate pain management and palliative care. I direct my health care agent to ensure that I am provided with sufficient medication and comfort measures to alleviate suffering, even if such medication or measures may have the secondary effect of hastening my death. It is my strong desire that I not be permitted to suffer unnecessarily.

Cross-Reference to Living Will / Advance Directive. I have also executed a separate Living Will and Advance Directive, dated April 1, 2023, which provides additional and more detailed guidance on my end-of-life treatment preferences. I direct my health care agent to consult that document and to consider its provisions in conjunction with the wishes and instructions set forth in this Health Care Proxy. In the event of any inconsistency between this Health Care Proxy and my Living Will / Advance Directive, I intend that the more specific provision shall control, and I ask my health care agent to exercise reasonable judgment in reconciling any such inconsistency.

Section 6: Duration of Proxy

This Health Care Proxy shall remain in full force and effect indefinitely from the date of its execution unless and until it is revoked by me in accordance with applicable law.

This Health Care Proxy is not affected by my subsequent incapacity. The authority granted to my health care agent under this document is specifically intended to be exercised at a time when I lack the capacity to make health care decisions for myself, and my subsequent loss of capacity shall in no way impair, limit, or terminate the authority of my health care agent.

This Health Care Proxy is durable and shall not be affected by the passage of time. No lapse of time between the date of execution of this Health Care Proxy and the date on which my health care agent is called upon to act shall affect the validity, enforceability, or effectiveness of this document.

Section 7: Revocation of Prior Health Care Proxies

I hereby revoke any and all prior health care proxies, appointments of health care agents, and similar instruments previously executed by me, whether executed in the State of New York or in any other jurisdiction. This Health Care Proxy supersedes any such prior health care proxy in its entirety, and any person who may have been designated as my health care agent under any prior instrument is hereby released from any obligations arising under such prior instrument.

Section 8: Reliance by Third Parties

Any health care provider, hospital, nursing facility, hospice, insurance company, governmental agency, or other person or institution who acts in good faith reliance upon the authority, decisions, directions, or instructions of my health care agent as designated in this Health Care Proxy shall not be subject to civil or criminal liability, or to professional disciplinary action, for such reliance, to the fullest extent permitted by New York Public Health Law § 2984 and any other applicable law.

A photocopy, facsimile, electronic copy, or other reproduction of this Health Care Proxy shall have the same force and effect as the original executed document, and any health care provider, institution, or other person may rely upon such copy as though it were the original. I request that all health care providers, institutions, and other persons honor this Health Care Proxy and the decisions of my health care agent, and I direct my health care agent to take all steps necessary to enforce this Health Care Proxy, including but not limited to seeking judicial relief if any person or institution refuses to honor it.

Section 9: Severability

If any provision of this Health Care Proxy, or the application of any provision to any person or circumstance, is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction or any other governmental authority, such invalidity, illegality, or unenforceability shall not affect any other provision of this Health Care Proxy. All remaining provisions shall continue in full force and effect, and shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included herein.

Section 10: Governing Law

This Health Care Proxy is executed pursuant to, and shall be governed by and construed in accordance with, Article 29-C of the New York Public Health Law (§ 2981 et seq.) and the laws of the State of New York, without regard to conflict of laws principles. To the extent that this Health Care Proxy is presented for use in a jurisdiction other than the State of New York, I request that it be honored to the fullest extent permitted by the laws of that jurisdiction.

Section 11: Signature of Principal

IN WITNESS WHEREOF, I, Jonathan Robert Caldwell, have executed this Health Care Proxy on the date set forth below, declaring it to be my free and voluntary act.

________________________________________

Jonathan Robert Caldwell

Date: April 1, 2023

Address: 418 East 72nd Street, Apt. 14A

New York, New York 10021

Section 12: Statement and Signatures of Witnesses

We, the undersigned witnesses, each being at least eighteen (18) years of age, do hereby attest and declare that the individual who signed this Health Care Proxy, or who asked another to sign this Health Care Proxy on his behalf, did so in our presence on the date set forth below. We further attest that the Principal appeared to be of sound mind and free from duress, fraud, and undue influence at the time of execution. We further declare that neither of us is the person appointed as health care agent or successor health care agent by this Health Care Proxy.

Witness 1:

________________________________________

Name: Monica Reyes

Date: April 1, 2023

Address: c/o Calderwood & Harkness LLP

375 Park Avenue, 42nd Floor New York, New York 10152

Witness 2:

________________________________________

Name: Elliot Nguyen

Date: April 1, 2023

Address: c/o Calderwood & Harkness LLP

375 Park Avenue, 42nd Floor New York, New York 10152

Section 13: Statement and Acknowledgment of Health Care Agent and Successor Health Care Agent

Statement of Primary Health Care Agent

I, Eleanor Victoria Caldwell, hereby acknowledge that I have been designated as the health care agent for Jonathan Robert Caldwell pursuant to this Health Care Proxy. I understand the nature and scope of the authority granted to me under this document and the obligations attendant to the role of health care agent under Article 29-C of the New York Public Health Law. I agree to act in accordance with the wishes of the Principal as expressed in this Health Care Proxy, in his Living Will / Advance Directive dated April 1, 2023, and as otherwise communicated to me by the Principal during his lifetime. If the Principal's wishes are not reasonably known and cannot be ascertained, I agree to act in accordance with the Principal's best interests, taking into account his personal, philosophical, religious, and moral beliefs and values, to the extent known to me. I accept this appointment voluntarily and without reservation.

________________________________________

Eleanor Victoria Caldwell

Date: April 1, 2023

Statement of Successor Health Care Agent

I, Katherine Claire Hartfield, hereby acknowledge that I have been designated as the successor health care agent for Jonathan Robert Caldwell pursuant to this Health Care Proxy. I understand that my authority under this document shall become effective only if the primary health care agent, Eleanor Victoria Caldwell, is unable, unwilling, or unavailable to act as health care agent. I understand the nature and scope of the authority granted to me under this document and the obligations attendant to the role of health care agent under Article 29-C of the New York Public Health Law. I agree to act in accordance with the wishes of the Principal as expressed in this Health Care Proxy, in his Living Will / Advance Directive dated April 1, 2023, and as otherwise communicated to me by the Principal during his lifetime. If the Principal's wishes are not reasonably known and cannot be ascertained, I agree to act in accordance with the Principal's best interests. I accept this appointment voluntarily and without reservation.

________________________________________

Katherine Claire Hartfield

Date: April 1, 2023

Document Information

Prepared by: Calderwood & Harkness LLP, 375 Park Avenue, 42nd Floor, New York, New York 10152

Matter Reference: Matter No. 1034-00004

This Health Care Proxy has been prepared and is maintained as part of the comprehensive generational estate plan for Jonathan R. Caldwell. The following documents were executed in conjunction with this Health Care Proxy, all dated April 1, 2023:

• Last Will and Testament (Pour-Over Will) of Jonathan Robert Caldwell

• Amended and Restated Caldwell Revocable Trust

• Durable General Power of Attorney of Jonathan Robert Caldwell

• Living Will / Advance Directive of Jonathan Robert Caldwell

• HIPAA Authorization of Jonathan Robert Caldwell

Each of the foregoing documents should be read and construed together with this Health Care Proxy and with each of the other documents comprising the comprehensive estate plan.

HEALTH CARE PROXY
Pursuant to Article 29-C of the New York Public Health Law (§ 2981 *et seq.*)
Principal: Jonathan Robert Caldwell
Date of Execution: April 1, 2023
Section 1: Identification of Principal
I, Jonathan Robert Caldwell, born on March 14, 1956, currently residing at 418 East 72nd Street, Apt. 14A, New York, New York 10021, being an adult of sound mind and acting voluntarily, without duress, fraud, or undue influence of any kind, do hereby make and execute this Health Care Proxy in accordance with the provisions of Article 29-C of the New York Public Health Law (§ 2981 et seq.).
I understand the nature and consequences of this Health Care Proxy. I understand that by executing this document, I am granting another person the authority to make health care decisions on my behalf in the event that I lose the capacity to make such decisions for myself. I make this Health Care Proxy after careful deliberation and with a full understanding of its significance, purpose, and effect.
Section 2: Appointment of Health Care Agent
I hereby appoint the following person as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise in this document:
Name of Agent: Eleanor Victoria Caldwell
Relationship to Principal: Spouse
Address: 418 East 72nd Street, Apt. 14A, New York, New York 10021
Telephone: (212) _-__
My health care agent shall have the authority to make all health care decisions on my behalf, in accordance with my wishes as known to the agent, including wishes expressed in this Health Care Proxy, in any related advance directive or living will executed by me, or as otherwise communicated by me to the agent during my lifetime. If my wishes are not reasonably known and cannot be ascertained with reasonable diligence, my health care agent shall make health care decisions for me in accordance with my best interests. In determining my best interests, the agent shall consider my personal, philosophical, religious, and moral beliefs and values, to the extent known to the agent, as well as any other factors that the agent reasonably believes I would have considered had I been able to make the decision myself.
Section 3: Appointment of Successor Health Care Agent
If my primary health care agent, Eleanor Victoria Caldwell, is unable, unwilling, or unavailable to act as my health care agent — whether by reason of death, incapacity, resignation, refusal, disqualification, or for any other reason — I hereby appoint the following person as my successor health care agent:
Name of Successor Agent: Katherine Claire Hartfield
Relationship to Principal: Daughter
Address: 210 Briarcliff Lane, Greenwich, Connecticut 06830
Telephone: (203) _-__
My successor health care agent shall have the same authority, rights, powers, and obligations as my primary health care agent under this Health Care Proxy, and all references in this document to "my health care agent" or "the agent" shall, upon the successor agent's assumption of the role, be deemed to refer equally to my successor health care agent. The determination that the primary agent is unable, unwilling, or unavailable to act may be made by the attending physician or by any health care provider or institution then providing care to me, in consultation with the successor agent, without the necessity of any court proceeding or formal adjudication.
Section 4: Scope of Authority Granted to Agent
The authority granted to my health care agent under this Health Care Proxy shall be broad and shall encompass the power and authority to make any and all health care decisions that I could make for myself if I had the capacity to do so. Without limiting the generality of the foregoing, my health care agent shall have the authority to:
(a) Consent to, refuse, or withdraw consent to any medical treatment, service, or procedure, including but not limited to life-sustaining treatment as defined under New York Public Health Law § 2961(4);
(b) Consent to, refuse, or withdraw consent to artificial nutrition and hydration, including the provision or removal of intravenous feeding, nasogastric tubes, gastrostomy tubes, or any other means of providing sustenance or fluids;
(c) Consent to, refuse, or withdraw consent to any surgical procedure, whether elective, therapeutic, or emergency in nature;
(d) Consent to, refuse, or withdraw consent to diagnostic testing, imaging studies, laboratory analyses, biopsies, and any other medical examination or assessment;
(e) Consent to, refuse, or withdraw consent to the administration, withholding, or withdrawal of any medication, including but not limited to antibiotics, analgesics, sedatives, chemotherapy, and experimental or investigational drugs or therapies;
(f) Authorize or direct the admission to, transfer between, or discharge from any hospital, nursing facility, rehabilitation center, hospice, assisted living facility, or any other health care institution or program;
(g) Access, obtain, review, and authorize the release of my medical records and protected health information, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq., and the regulations promulgated thereunder at 45 C.F.R. Parts 160 and 164, to the full extent permitted by law, it being my intent that this Health Care Proxy shall serve as a specific authorization for the release of individually identifiable health information to my agent;
(h) Hire, retain, discharge, and replace physicians, nurses, therapists, home health aides, and any other health care provider, whether in an institutional or home-based setting, and to contract for health care services on my behalf;
(i) Make decisions regarding the donation of my organs, tissues, or other anatomical gifts, in accordance with the Uniform Anatomical Gift Act as adopted in the State of New York and any other applicable law;
(j) Make decisions regarding post-mortem examination, autopsy, and the disposition of my remains, subject to applicable law and to any separate instructions I may have provided; and
(k) Execute any waivers, releases, consents, authorizations, or other documents that may be required or requested by any health care provider, institution, insurance company, or governmental entity in connection with my health care.
Notwithstanding the breadth of authority granted herein, my health care agent's authority shall become effective when, and only when, my attending physician determines, in accordance with New York Public Health Law § 2981, that I lack the capacity to make health care decisions for myself. For purposes of this Health Care Proxy, "lack of capacity" means that I am unable, as determined by my attending physician to a reasonable degree of medical certainty, to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of, and alternatives to, any proposed health care, or to reach an informed decision regarding such health care. Upon a subsequent determination by my attending physician that I have regained the capacity to make health care decisions, the authority of my health care agent shall be suspended for so long as I retain such capacity.
Section 5: Statement of Wishes and Instructions
In order to provide guidance to my health care agent in the exercise of the authority granted under this Health Care Proxy, I set forth the following statement of my wishes and instructions regarding my health care:
(a) General Standard of Care. It is my wish to receive all medically appropriate treatment that is consistent with my comfort and dignity. I value the preservation of my life, but I also value the quality of my life and my personal dignity. I ask my health care agent to weigh these values carefully in making decisions on my behalf.
(b) Terminal Condition or Permanent Unconsciousness. If I am diagnosed with a terminal condition from which there is no reasonable expectation of recovery, or if I am in a state of permanent unconsciousness (including but not limited to a persistent vegetative state or irreversible coma) as determined by my attending physician and confirmed by a second physician with appropriate expertise, I desire that my health care agent consider the following factors in making decisions regarding life-sustaining treatment: (i) my quality of life, including the extent to which I am able to experience, interact with, and derive meaning from my surroundings; (ii) the degree of suffering, pain, or discomfort I am experiencing or am likely to experience; and (iii) the realistic prospects for my recovery or improvement as assessed by the medical professionals responsible for my care. I trust my health care agent to weigh these considerations and to make decisions that are consistent with my values and with the guidance I have provided.
(c) Pain Management and Palliative Care. Under all circumstances, regardless of any other decisions made regarding my treatment, I wish to receive adequate pain management and palliative care. I direct my health care agent to ensure that I am provided with sufficient medication and comfort measures to alleviate suffering, even if such medication or measures may have the secondary effect of hastening my death. It is my strong desire that I not be permitted to suffer unnecessarily.
Cross-Reference to Living Will / Advance Directive. I have also executed a separate Living Will and Advance Directive, dated April 1, 2023, which provides additional and more detailed guidance on my end-of-life treatment preferences. I direct my health care agent to consult that document and to consider its provisions in conjunction with the wishes and instructions set forth in this Health Care Proxy. In the event of any inconsistency between this Health Care Proxy and my Living Will / Advance Directive, I intend that the more specific provision shall control, and I ask my health care agent to exercise reasonable judgment in reconciling any such inconsistency.
Section 6: Duration of Proxy
This Health Care Proxy shall remain in full force and effect indefinitely from the date of its execution unless and until it is revoked by me in accordance with applicable law.
This Health Care Proxy is not affected by my subsequent incapacity. The authority granted to my health care agent under this document is specifically intended to be exercised at a time when I lack the capacity to make health care decisions for myself, and my subsequent loss of capacity shall in no way impair, limit, or terminate the authority of my health care agent.
This Health Care Proxy is durable and shall not be affected by the passage of time. No lapse of time between the date of execution of this Health Care Proxy and the date on which my health care agent is called upon to act shall affect the validity, enforceability, or effectiveness of this document.
Section 7: Revocation of Prior Health Care Proxies
I hereby revoke any and all prior health care proxies, appointments of health care agents, and similar instruments previously executed by me, whether executed in the State of New York or in any other jurisdiction. This Health Care Proxy supersedes any such prior health care proxy in its entirety, and any person who may have been designated as my health care agent under any prior instrument is hereby released from any obligations arising under such prior instrument.
Section 8: Reliance by Third Parties
Any health care provider, hospital, nursing facility, hospice, insurance company, governmental agency, or other person or institution who acts in good faith reliance upon the authority, decisions, directions, or instructions of my health care agent as designated in this Health Care Proxy shall not be subject to civil or criminal liability, or to professional disciplinary action, for such reliance, to the fullest extent permitted by New York Public Health Law § 2984 and any other applicable law.
A photocopy, facsimile, electronic copy, or other reproduction of this Health Care Proxy shall have the same force and effect as the original executed document, and any health care provider, institution, or other person may rely upon such copy as though it were the original. I request that all health care providers, institutions, and other persons honor this Health Care Proxy and the decisions of my health care agent, and I direct my health care agent to take all steps necessary to enforce this Health Care Proxy, including but not limited to seeking judicial relief if any person or institution refuses to honor it.
Section 9: Severability
If any provision of this Health Care Proxy, or the application of any provision to any person or circumstance, is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction or any other governmental authority, such invalidity, illegality, or unenforceability shall not affect any other provision of this Health Care Proxy. All remaining provisions shall continue in full force and effect, and shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included herein.
Section 10: Governing Law
This Health Care Proxy is executed pursuant to, and shall be governed by and construed in accordance with, Article 29-C of the New York Public Health Law (§ 2981 et seq.) and the laws of the State of New York, without regard to conflict of laws principles. To the extent that this Health Care Proxy is presented for use in a jurisdiction other than the State of New York, I request that it be honored to the fullest extent permitted by the laws of that jurisdiction.
Section 11: Signature of Principal
IN WITNESS WHEREOF, I, Jonathan Robert Caldwell, have executed this Health Care Proxy on the date set forth below, declaring it to be my free and voluntary act.
________________________________________
Jonathan Robert Caldwell
Date: April 1, 2023
Address: 418 East 72nd Street, Apt. 14A
New York, New York 10021
Section 12: Statement and Signatures of Witnesses
We, the undersigned witnesses, each being at least eighteen (18) years of age, do hereby attest and declare that the individual who signed this Health Care Proxy, or who asked another to sign this Health Care Proxy on his behalf, did so in our presence on the date set forth below. We further attest that the Principal appeared to be of sound mind and free from duress, fraud, and undue influence at the time of execution. We further declare that neither of us is the person appointed as health care agent or successor health care agent by this Health Care Proxy.
Witness 1:
________________________________________
Name: Monica Reyes
Date: April 1, 2023
Address: c/o Calderwood & Harkness LLP
375 Park Avenue, 42nd Floor New York, New York 10152
Witness 2:
________________________________________
Name: Elliot Nguyen
Date: April 1, 2023
Address: c/o Calderwood & Harkness LLP
375 Park Avenue, 42nd Floor New York, New York 10152
Section 13: Statement and Acknowledgment of Health Care Agent and Successor Health Care Agent
Statement of Primary Health Care Agent
I, Eleanor Victoria Caldwell, hereby acknowledge that I have been designated as the health care agent for Jonathan Robert Caldwell pursuant to this Health Care Proxy. I understand the nature and scope of the authority granted to me under this document and the obligations attendant to the role of health care agent under Article 29-C of the New York Public Health Law. I agree to act in accordance with the wishes of the Principal as expressed in this Health Care Proxy, in his Living Will / Advance Directive dated April 1, 2023, and as otherwise communicated to me by the Principal during his lifetime. If the Principal's wishes are not reasonably known and cannot be ascertained, I agree to act in accordance with the Principal's best interests, taking into account his personal, philosophical, religious, and moral beliefs and values, to the extent known to me. I accept this appointment voluntarily and without reservation.
________________________________________
Eleanor Victoria Caldwell
Date: April 1, 2023
Statement of Successor Health Care Agent
I, Katherine Claire Hartfield, hereby acknowledge that I have been designated as the successor health care agent for Jonathan Robert Caldwell pursuant to this Health Care Proxy. I understand that my authority under this document shall become effective only if the primary health care agent, Eleanor Victoria Caldwell, is unable, unwilling, or unavailable to act as health care agent. I understand the nature and scope of the authority granted to me under this document and the obligations attendant to the role of health care agent under Article 29-C of the New York Public Health Law. I agree to act in accordance with the wishes of the Principal as expressed in this Health Care Proxy, in his Living Will / Advance Directive dated April 1, 2023, and as otherwise communicated to me by the Principal during his lifetime. If the Principal's wishes are not reasonably known and cannot be ascertained, I agree to act in accordance with the Principal's best interests. I accept this appointment voluntarily and without reservation.
________________________________________
Katherine Claire Hartfield
Date: April 1, 2023
Document Information
Prepared by: Calderwood & Harkness LLP, 375 Park Avenue, 42nd Floor, New York, New York 10152
Matter Reference: Matter No. 1034-00004
This Health Care Proxy has been prepared and is maintained as part of the comprehensive generational estate plan for Jonathan R. Caldwell. The following documents were executed in conjunction with this Health Care Proxy, all dated April 1, 2023:
•  Last Will and Testament (Pour-Over Will) of Jonathan Robert Caldwell
•  Amended and Restated Caldwell Revocable Trust
•  Durable General Power of Attorney of Jonathan Robert Caldwell
•  Living Will / Advance Directive of Jonathan Robert Caldwell
•  HIPAA Authorization of Jonathan Robert Caldwell
Each of the foregoing documents should be read and construed together with this Health Care Proxy and with each of the other documents comprising the comprehensive estate plan.

HEALTH CARE PROXY

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