N.Y. Public Health Law § 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.