N.Y. Public Health Law Section 2992
Special proceeding authorized

The health care provider or guardian of the principal under article eighty-one of the mental hygiene law or article seventeen-A of the surrogate’s court procedure act, members of the principal’s family, a close friend of the principal as defined in subdivision four of § 2994-A (Definitions)section twenty-nine hundred ninety-four-a of this chapter, or the commissioner, the commissioner of mental health, or the commissioner of developmental disabilities may commence a special proceeding pursuant to article four of the civil practice law and rules, in a court of competent jurisdiction, with respect to any dispute arising under this article, including, but not limited to, a proceeding to:

1.

determine the validity of the health care proxy;

2.

have the agent removed on the ground that the agent (a) is not reasonably available, willing and competent to fulfill his or her obligations under this article;

(b)

is acting in bad faith; or

(c)

is the subject of an order of protection protecting the principal or has been arrested or charged for a criminal act that allegedly caused the principal’s lack of capacity or substantially injured or impaired the health status of the principal, provided that the application of this provision in a particular case may be waived or modified in the interest of justice; or

3.

override the agent’s decision about health care treatment on the grounds that:

(a)

the decision was made in bad faith or (b) the decision is not in accordance with the standards set forth in subdivision one or two of § 2982 (Rights and duties of agent)section two thousand nine hundred eighty-two of this article.

Source: Section 2992 — Special proceeding authorized, https://www.­nysenate.­gov/legislation/laws/PBH/2992 (updated Mar. 28, 2025; accessed Apr. 2, 2025).

Green check means up to date. Up to date

Accessed:
Apr. 2, 2025

Last modified:
Mar. 28, 2025

§ 2992’s source at nysenate​.gov

Link Style