Supporting Family Health Care Decisions

New York Law Regarding Incompetent and Incapacitated Patients

New York laws are available from the NYS Legislature information database.

Individuals declared incomptent in court have a guardian appointed to make decisions for that person. This includes medical decisions, but decisions to forgo life sustaining treatment are not permissible according to NYS case law.

  • Guardianship of mentally retarded and develomentally disabled childen and adults are regulated by Article 17-A of the Surrogate's Court Procedure (SCP).
  • Guardianship of incapacitated persons is regulated by Article 81 of the Mental Hygiene laws (MHY).


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