Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.