Posted on March 17, 2009
Chapter 262 (Hannon): This chapter authorizes Surrogate Decision Making Committees to make a decision, for persons with mental retardation who are not represented by an involved family member or guardian, to withhold or withdraw life-sustaining treatment.
The Health Care Decisions Act for Persons with Mental Retardation (chapter 500 of the laws of 2002) was enacted to prevent the extreme suffering of individuals with intellectual developmental disabilities who, as a result of such disabilities, are unable to make their end-of-life wishes known in clear and convincing terms. Pursuant to the act (HCDA), guardians and family members are authorized, subject to extreme end-of-life circumstances and rigorous oversight, to make decisions to withdraw or withhold life-sustaining treatment. As it minimizes the likelihood that "mentally retarded patients [are] forced to suffer painful, intrusive life-sustaining medical treatments after it [becomes] clear that they [will] never regain any quality of life" (Matter of M.B., 6 NY3d 437, 440 [2006]), the HCDA has rightfully been described as a comprehensive and compassionate law of landmark proportions in New York State.
This chapter is necessary, however, for those individuals with mental retardation who have no guardian or committed family member to advocate for them. Many are elderly without living family members, while others were institutionalized and abandoned by their families years ago. They, the most vulnerable, are disproportionately victimized by futile medical care which only serves to prolong the agony of death. This chapter, by authorizing Surrogate Decision Making Committees to advocate on their behalf, can rectify this unanticipated injustice.
Signed by Governor Paterson on July 7, 2008, this chapter becomes effective January 3, 2009. (S.7752/A.10833)
