New York Guardians May Withdraw Life-Sustaining Medical Treatment

New York’s Court of Appeals, its highest court, ruled this week that guardians for the mentally retarded may make decisions to withhold or withdraw life-sustaining medical treatment for those they are caring for. In the case of In re M.B., et.al., the court also said that a March 2003 law granting such authority also applied to those who were appointed guardians for the mentally retarded before the law went into effect. The case involved a mentally retarded man who was diagnosed as being in a terminal vegativative state and a request from the guardian to remove life-sustaining treatment.  By clicking here, you may download a copy of the slip opinion of the New York Court of Appeals guardianship decision in pdf format.pdf