Legal Opinion
In re Guardianship of Chantel R.
New York Surrogate's Court
Decided December 17, 2004PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Eve Preminger, S.
Petitioner Pamela R. is the mother of Chantel R., a 26-year-old woman who is mentally retarded. Petitioner seeks appointment under article 17-A of the Surrogate’s Court Procedure Act as guardian of her daughter’s person. Respondent Mental Hygiene Legal Service (MHLS) objects to the extent that the guardianship includes authority to withhold or withdraw life-sustaining treatment under SCPA 1750-b, recently enacted as the 2002 Health Care Decisions Act for Persons with Mental Retardation (the HCDA). MHLS challenges the constitutionality of SCPA 1750-b on…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Colten v. KentuckySupreme Court of the United States · 1972
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3Cited by3 opinions
- In re GianelliNew York Supreme Court · 2007
- In re M.B. Mental Hygiene Legal ServiceAppellate Division of the Supreme Court of the State of New York · 2005
- In re M.B. Mental Hygiene Legal ServiceAppellate Division of the Supreme Court of the State of New York · 2005