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2994-R - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.

NY Pub Health L § 2994-R (2019) (N/A)
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(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 or attending nurse 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.

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