Guardianship News

With thanks to Law Offices of Linda A. Geraci, www.LgeraciLaw.com.

On March 23, 2006, the New York Court of Appeals decided Matter of MB, holding that the Legislature intended to grant existing guardians full health care decision-making authority when it passed the Health Care Decisions Act (HCDA) in March 2003. Thus, guardians appointed prior to the effective date of the HCDA can make health care decisions for mentally retarded persons without having to obtain an amended guardianship order that specifically recognizes their authority as encompassing the power to end life-sustaining treatment. The Appellate Division of the Second Department previously held that the HCDA could not be applied retroactively.

In this case, M.B. was a 42-year-old terminally ill man with Down's Syndrome whose guardian requested the withdrawal of life-sustaining treatment. The guardian's request was initially denied, but subsequently granted by the Surrogate's Court based on its interpretation of the retroactivity of the HCDA. This decision clarifies that the HCDA grants guardians the authority to make health care decisions for mentally retarded persons, but it also imposes procedural safeguards intended to protect the interests of the patient. Therefore, if you were appointed guardian prior to March 16, 2003, you are authorized to make health care decisions for your loved one without the need for court involvement.

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www.AutismConcepts.com

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Practical ways to help plan and manage daily living with autism.