Does the failure of a mental health board to declare a patient incompetent for the purpose of dying after the declaration was made?
"New York", United States of America
The following excerpt is from People v. Little, 371 N.Y.S.2d 726, 83 Misc.2d 321 (N.Y. Cty. Ct. 1975):
The mere fact that he lingered some twelve hours after the declaration was made does not render it incompetent for its competency depends on the state of his mind when the declaration was made and the interval between the declaration and death bears mainly on the question of the certainty of death. (People v. Falletto, 202 N.Y. 494, 96 N.E. 355.)
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