2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-R - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.

§  2994-r.  Special  proceeding  authorized; court orders; health care
guardian for minor patient. 1. Special proceeding. Any person  connected
with the case and any member of the hospital ethics review committee may
commence  a  special  proceeding  pursuant  to article four of the civil
practice law and rules in a court of competent jurisdiction with respect
to any matter arising under this article.
2.  Court  orders  designating  surrogate.  A   court   of   competent
jurisdiction may designate any individual from the surrogate list to act
as  surrogate,  regardless of that individual's priority on the list, if
the court determines that such appointment would best  accord  with  the
patient's  wishes  or, if the patient's wishes are not reasonably known,
with the patient's best interests. The court may remove a  surrogate  on
the  ground that the surrogate: (a) is not reasonably available, willing
and competent to fulfill his or her obligations under this article;  (b)
is  acting in bad faith; or (c) is the subject of an order of protection
protecting the patient or has been arrested or charged  for  a  criminal
act   that   allegedly   caused   the  patient's  lack  of  capacity  or
substantially injured or impaired the  health  status  of  the  patient,
provided that the application of this provision in a particular case may
be  waived  or  modified  in  the  interest of justice. Unless otherwise
determined by a court, no surrogate decision  made  prior  to  an  order
designating  a surrogate shall be deemed to have been invalid because of
the issuance of a designating order.
3. Court orders to withhold or withdraw life-sustaining  treatment.  A
court  of  competent  jurisdiction  may  authorize  the  withholding  or
withdrawal of life-sustaining treatment  from  a  person  if  the  court
determines   that   the   person  lacks  decision-making  capacity,  and
withdrawing or withholding the treatment would accord with the standards
set  forth  in  subdivision  five   of   section   twenty-nine   hundred
ninety-four-d of this article.
4.  Health care guardian for a minor patient. (a) No appointment shall
be made pursuant to this subdivision if a parent or  legal  guardian  of
the  person  is  available,  willing,  and  competent  to  decide  about
treatment for the minor.
(b) The following persons may commence a special proceeding in a court
of competent  jurisdiction  to  seek  appointment  as  the  health  care
guardian  of  a  minor  patient solely for the purpose of deciding about
life-sustaining treatment pursuant to this article:
(i) the hospital administrator;
(ii) an attending practitioner;
(iii)  the  local  commissioner  of  social  services  or  the   local
commissioner  of  health, authorized to make medical treatment decisions
for the minor pursuant to section three hundred  eighty-three-b  of  the
social services law; or
(iv)  an  individual,  eighteen years of age or older, who has assumed
care of the minor for a substantial and continuous period of time.
(c) Notice of the proceeding shall be given to the persons  identified
in  section  seventeen  hundred  five of the surrogate's court procedure
act.
(d) Notwithstanding any other provision of law, seeking appointment or
being appointed as a health care guardian shall not otherwise affect the
legal status or rights of  the  individual  seeking  or  obtaining  such
appointment.