In re Rhodanna C.B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mastro, J.
We hold today that the Supreme Court’s appointment of guardians pursuant to Mental Hygiene Law article 81 with the authority to consent in perpetuity to the administration of psychotropic medication to their ward, over her objection and without any further judicial review or approval, is inconsistent with the due process requirements of Rivers v Katz (67 NY2d 485 [1986]). Accordingly, we reverse the judgment insofar as appealed from.
This proceeding involves a petition by the two children of Rhodanna C.B. to be appointed the guardians of the personal needs of…
2Cases cited16 opinions
- Rivers v. KatzNew York Court of Appeals · 1986
- LaValle v. HaydenNew York Court of Appeals · 2002
- In re William S.Appellate Division of the Supreme Court of the State of New York · 2006
- National Ass'n of Independent Insurers v. StateNew York Court of Appeals · 1997
- In re Joseph O.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by7 opinions
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- State v. Maurice G.New York Supreme Court · 2011
- Eggleston v. Gloria N.Appellate Division of the Supreme Court of the State of New York · 2008
- Brady v. Village of MalverneAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of KoverAppellate Division of the Supreme Court of the State of New York · 2015
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