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This entry was published on 2014-09-22
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SECTION 2992
Special proceeding authorized
Public Health (PBH) CHAPTER 45, ARTICLE 29-C
§ 2992. Special proceeding authorized. 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 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 section two thousand nine hundred eighty-two of this article.