Legal Opinion
In re the Guardianship of Chantel Nicole R.
Appellate Division of the Supreme Court of the State of New York
Decided September 21, 2006PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
This dispute arises out of the appointment, pursuant to SCPA 1750, of petitioner Pamela R. as guardian of the person of her daughter, respondent Chantel R., a 26-year-old mentally retarded person. Mental Hygiene Legal Service, on Chantel’s behalf, objects to the appointment to the extent that the guardianship extends to decisions concerning life-sustaining treatment and challenges the constitutionality of the statute under equal protection, due process and vagueness grounds.
Respondent is described as “moderately retarded” but otherwise does not suffer from any…
2Cases cited12 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Eichner v. DillonNew York Court of Appeals · 1981
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
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3Cited by4 opinions
- In re Javier R.Appellate Division of the Supreme Court of the State of New York · 2007
- Matter of Sloane v. M.G.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Sloane v. M.G.Appellate Division of the Supreme Court of the State of New York · 2018
- Robles v. New York City Department of Citywide Administrative ServicesNew York Supreme Court · 2014