Section 2992. Special proceeding authorized  


Latest version.
  • The health care provider, the
      conservator  for,  or  committee  of  the  principal,  members  of   the
      principal's  family,  a  close  friend  of  the  principal as defined in
      subdivision five of section two thousand nine hundred sixty-one of  this
      chapter,  or  the  commissioner  of  health,  mental  health,  or mental
      retardation  and  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 or (b) is acting in bad faith; 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 section two thousand nine hundred eighty-two of this article.