Saturday, March 25, 2006

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

http://lawprofessors.typepad.com/family_law/2006/03/new_york_guardi.html

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