New York Laws
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.

(a) If the patient has a guardian appointed by a court pursuant to
article seventeen-A of the surrogate's court procedure act, health care
decisions for the patient shall be governed by section seventeen hundred
fifty-b of the surrogate's court procedure act and not by this article.
(b) If a patient does not have a guardian appointed by a court
pursuant to article seventeen-A of the surrogate's court procedure act
but falls within the class of persons described in paragraph (a) of
subdivision one of section seventeen hundred fifty-b of such act,
decisions to withdraw or withhold life-sustaining treatment for the
patient shall be governed by section seventeen hundred fifty-b of the
surrogate's court procedure act and not by this article.
(c) If a health care decision for a patient cannot be made under
paragraphs (a) or (b) of this subdivision, but consent for the decision
may be provided pursuant to the mental hygiene law or regulations of the
office of mental health or the office for people with developmental
disabilities, then the decision shall be governed by such statute or
regulations and not by this article.
4. If, after reasonable efforts, it is determined that a health care
decision for the patient cannot be made pursuant to subdivision two or
three of this section, then the health care decision shall be made
pursuant to this article.