NY S02894

Restores "medical futility" as a clinical criterion for do-not-resuscitate (DNR) orders under the Family Health Care Decisions Act, allowing surrogate consent when two physicians determine resuscitation would be unsuccessful in restoring cardiac and respiratory function or would result in repeated arrest before death.

Allows DNR orders to be entered for adult patients without decision-making capacity based on medical futility without requiring judicial approval.

Amends Surrogate's Court Procedure Act § 1750-b to add medical futility as a standalone basis for DNR orders for intellectually disabled persons, independent of the requirement that life-sustaining treatment impose an extraordinary burden.

Defines "terminal condition" in the surrogate's court context as an illness or injury from which there is no recovery, expected to cause death within one year.

Takes effect 90 days after becoming law.