New York Court of Appeals
In the Matter of M.B. Mental Hygiene Legal Service, Appellant Staten Island Developmental Disabilities Services Office
March 23, 20066 N.Y.3d 437
Summary
The Court held that the Health Care Decisions Act for Persons with Mental Retardation (HCDA) applies to guardians appointed before the Act’s effective date, granting them full health‑care decision‑making authority, including the power to withdraw life‑sustaining treatment, without requiring a separate guardianship enlargement proceeding. The Appellate Division’s order was reversed and the Surrogate Court’s order reinstated.