Legal Opinion
In re M.B. Mental Hygiene Legal Service
New York Court of Appeals
Decided March 23, 2006PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
Under the Health Care Decisions Act for Persons with Mental Retardation, a guardian can make health care decisions for a mentally retarded person, including the decision to terminate life-sustaining medical treatment, under carefully prescribed circumstances. The issue in this case—solely one of statutory interpretation—is whether the Act applies only to guardians appointed after its March 2003 effective date or whether it also affects the authority of persons already serving as guardians before March 2003. Based on the language and history of the Act, we…
2Cases cited6 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Eichner v. DillonNew York Court of Appeals · 1981
- Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
- Fosmire v. NicoleauNew York Court of Appeals · 1990
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3Cited by64 opinions
- City of New York v. MaulNew York Court of Appeals · 2010
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
- New York County Lawyers' Ass'n v. BloombergNew York Court of Appeals · 2012
- People v. RobertsNew York Court of Appeals · 2018
- Maghee v. StateSupreme Court of Iowa · 2009
59 more not listed; retrieve them via the Exa API.