§ 2992 — Special proceeding authorized

New York § 2992

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 29-C: Health Care Agents and Proxies

Text

§ 2992. Special proceeding authorized. The health care provider or\nguardian of the principal under article eighty-one of the mental hygiene\nlaw or article seventeen-A of the surrogate's court procedure act,\nmembers of the principal's family, a close friend of the principal as\ndefined in subdivision four of section twenty-nine hundred ninety-four-a\nof this chapter, or the commissioner, the commissioner of mental health,\nor the commissioner of developmental disabilities may commence a special\nproceeding pursuant to article four of the civil practice law and rules,\nin a court of competent jurisdiction, with respect to any dispute\narising under this article, including, but not limited to, a proceeding\nto:\n 1. determine the validity of the health care proxy;\n 2. have the agent removed on the ground that the agent (a) is not\nreasonably available, willing and competent to fulfill his or her\nobligations under this article; (b) is acting in bad faith; or (c) is\nthe subject of an order of protection protecting the principal or has\nbeen arrested or charged for a criminal act that allegedly caused the\nprincipal's lack of capacity or substantially injured or impaired the\nhealth status of the principal, provided that the application of this\nprovision in a particular case may be waived or modified in the interest\nof justice; or\n 3. override the agent's decision about health care treatment on the\ngrounds that: (a) the decision was made in bad faith or (b) the decision\nis not in accordance with the standards set forth in subdivision one or\ntwo of section two thousand nine hundred eighty-two of this article.\n