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MATTER OF M.B.

6 N.Y.3d 437 (2006)

846 N.E.2d 794

813 N.Y.S.2d 349

In the Matter of M.B. MENTAL HYGIENE LEGAL SERVICE, Appellant; STATEN ISLAND DEVELOPMENTAL DISABILITIES SERVICES OFFICE et al., Respondents.

Court of Appeals of the State of New York.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Lisa Volpe, Sidney Hirschfeld and Dennis B. Feld of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Jean Lin, Caitlin Halligan and Daniel Smirlock of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

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...

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