A bill to protect loved ones and their medical decisions in cases involving criminal acts has been signed into law by Governor Cuomo (Chapter number 93 of 2014).
“This is an important law, not only for the McElroy family but for all families in New York State – closing this loophole will go towards ensuring a convicted criminal does not have the power to decide important health care decisions of family members and loved ones,” Assemblyman James Skoufis said.
In 2010, Glenn McElroy was on life support after being run over by his wife, who was convicted of second-degree vehicular manslaughter and driving while intoxicated. The McElroy family wished that their son be removed from life support and that his organs be donated in order to help save others’ lives. However, Glenn McElroy’s wife – the health care proxy – refused to grant their wish. The family was forced into a painful legal battle and was eventually granted the final say on his treatment.
Glenn’s parents Sueann and Edward McElroy and other family members as well as public officials led the last 18 months by Skoufis have worked to make the bill a reality. The legislation permits a court to remove the authority of a health care proxy to make medical decisions for a patient if the proxy is the subject of an order of protection or has been arrested or criminally charged with a criminal act against the patient.
Assemblyman Skoufis recently held a press conference at Stony Point Town Hall with the McElroy family and friends to urge the Governor to sign the bill into law.