N.Y. Mental Hygiene Law § 80.11: Effect of determination that a person is in need of surrogate decision-making

§ 80.11 Effect of determination that a person is in need of surrogate

decision-making.

The determination by a panel that a patient is in need of surrogate

decision-making under this article shall not be construed or deemed to

be a determination that such person is impaired or incompetent pursuant

to article seventy-seven or seventy-eight of this chapter, nor shall it

be valid for any other purpose or any other future medical treatment,

unless the determination explicitly applies to related or continuing

treatment necessitated by the original treatment. Nothing in this

article shall be construed to limit the availability of other lawful

means to obtain substitute consent for medical treatment, without

utilizing the procedures set forth in this article. No person shall be

deemed to have failed to exhaust administrative remedies by commencing a

legal action to obtain consent to or refusal of medical treatment in the

absence of or prior to a review of the case by a surrogate

decision-making committee or panel.