Legal Opinion

Matter of Beverly F.

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2017No. 2016-12875PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding for permission to administer a course of electroconvulsive therapy to a patient over the patient’s objection, the patient appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated December 6, 2016, which, after a hearing, granted the petition.

Ordered that the order is affirmed, without costs or disbursements.

The State may administer a course of medical treatment against a patient’s will if it establishes, by clear and convincing evidence, that the patient lacks “the capacity to make a reasoned decision with respect to proposed treatment,” and that “the…

2Cases cited4 opinions

  1. Rivers v. KatzNew York Court of Appeals · 1986
  2. In re William S.Appellate Division of the Supreme Court of the State of New York · 2006
  3. In re Joseph O.Appellate Division of the Supreme Court of the State of New York · 1997
  4. In re Harvey S.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Matter of Marvin P. (Mid-Hudson Forensic Psychiatric Ctr.)Appellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Guttmacher (James M.)Appellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Dill v. Jose P.Appellate Division of the Supreme Court of the State of New York · 2025

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