2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) 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.  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 physician;
    (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.