§ 1750-b. Health care decisions for persons who are intellectually\n disabled\n 1. Scope of authority. Unless specifically prohibited by the court\nafter consideration of the determination, if any, regarding a person who\nis intellectually disabled's capacity to make health care decisions,\nwhich is required by section seventeen hundred fifty of this article,\nthe guardian of such person appointed pursuant to section seventeen\nhundred fifty of this article shall have the authority to make any and\nall health care decisions, as defined by subdivision six of section\ntwenty-nine hundred eighty of the public health law, on behalf of the\nperson who is intellectually disabled that such person could make if\nsuch person had capacity. Such decisions may include decisions to\nwithhold or withdraw life-sustaining treatment. For purposes of this\nsection, "life-sustaining treatment" means medical treatment, including\ncardiopulmonary resuscitation and nutrition and hydration provided by\nmeans of medical treatment, which is sustaining life functions and\nwithout which, according to reasonable medical judgment, the patient\nwill die within a relatively short time period. Cardiopulmonary\nresuscitation is presumed to be life-sustaining treatment without the\nnecessity of a medical judgment by an attending physician. The\nprovisions of this article are not intended to permit or promote\nsuicide, assisted suicide or euthanasia; accordingly, nothing in this\nsection shall be construed to permit a guardian to consent to any act or\nomission to which the person who is intellectually disabled could not\nconsent if such person had capacity.\n (a) For the purposes of making a decision to withhold or withdraw\nlife-sustaining treatment pursuant to this section, in the case of a\nperson for whom no guardian has been appointed pursuant to section\nseventeen hundred fifty or seventeen hundred fifty-a of this article, a\n"guardian" shall also mean a family member of a person who (i) has\nintellectual disability, or (ii) has a developmental disability, as\ndefined in section 1.03 of the mental hygiene law, which (A) includes\nintellectual disability, or (B) results in a similar impairment of\ngeneral intellectual functioning or adaptive behavior so that such\nperson is incapable of managing himself or herself, and/or his or her\naffairs by reason of such developmental disability. Qualified family\nmembers shall be included in a prioritized list of said family members\npursuant to regulations established by the commissioner of the office\nfor people with developmental disabilities. Such family members must\nhave a significant and ongoing involvement in a person's life so as to\nhave sufficient knowledge of their needs and, when reasonably known or\nascertainable, the person's wishes, including moral and religious\nbeliefs. In the case of a person who was a resident of the former\nWillowbrook state school on March seventeenth, nineteen hundred\nseventy-two and those individuals who were in community care status on\nthat date and subsequently returned to Willowbrook or a related\nfacility, who are fully represented by the consumer advisory board and\nwho have no guardians appointed pursuant to this article or have no\nqualified family members to make such a decision, then a "guardian"\nshall also mean the Willowbrook consumer advisory board. A decision of\nsuch family member or the Willowbrook consumer advisory board to\nwithhold or withdraw life-sustaining treatment shall be subject to all\nof the protections, procedures and safeguards which apply to the\ndecision of a guardian to withhold or withdraw life-sustaining treatment\npursuant to this section.\n In the case of a person for whom no guardian has been appointed\npursuant to this article or for whom there is no qualified family member\nor the Willowbrook consumer advisory board available to make such a\ndecision, a "guardian" shall also mean, notwithstanding the definitions\nin sect
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