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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46455 Surrogate Peckham AT A HOSPITAL hearing, the court appointed an infant’s grandmother to be his guardian with power to make health care decisions under Surrogate’s Court Practice Act �1750-b. The mentally retarded child, born by emergency caesarean after his mother’s death, was kept alive by a ventilator and breathing tube. His retardation was certified by two doctors, who affirmed, as required by SCPA �1750-b, his incapability of making health care decisions. The court determined that its appointment of the grandmother as guardian under �1750-b, with the power to remove life-sustaining treatment, was constitutional. It found that detailed procedures in �1750-b were “rationally related to the governmental purpose” of establishing procedures by which guardians can make health care decisions for mentally retarded persons unable to make such decisions for themselves and “provide adequate safeguards to protect the retarded from possible erroneous decisions.”

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