§ 81.01 Legislative findings and purpose. The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique to the individual. The current system of conservatorship and committee does not provide the necessary flexibility to meet these needs. Conservatorship which traditionally compromises a person’s rights only with […]
§ 81.02 Power to appoint a guardian of the person and/or property; standard for appointment. (a) The court may appoint a guardian for a person if the court determines: 1. that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care, or safety and/or to manage […]
§ 81.03 Definitions. When used in this article, (a) “guardian” means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate’s court, or the county court to act […]
§ 81.04 Jurisdiction. (a) If after a hearing or trial in accordance with the provisions of this article it is determined that relief under this article is necessary, the supreme court, and the county courts outside the city of New York, shall have the power to provide the relief set forth in this article: 1. […]
§ 81.05 Venue. (a) A proceeding under this article shall be brought in the supreme court within the judicial district, or in the county court of the county in which the person alleged to be incapacitated resides, or is physically present, or in the surrogate’s court having jurisdiction pursuant to subdivision (b) of section 81.04 […]
§ 81.06 Who may commence a proceeding. (a) A proceeding under this article shall be commenced by the filing of the petition with the court by: 1. the person alleged to be incapacitated; 2. a presumptive distributee of the person alleged to be incapacitated, as that term is defined in subdivision forty-two of section one […]
§ 81.07 Notice. (a) Proceeding. A proceeding under this article shall be commenced upon the filing of the petition. (b) Order to show cause. Upon the filing of the petition, the court shall: 1. set the date on which the order to show cause is heard no more than twenty-eight days from the date of […]
§ 81.08 Petition. (a) The petition shall be verified under oath and shall include the following information: 1. the name, age, address, and telephone number of the person alleged to be incapacitated; 2. the name, address, and telephone number of the person or persons with whom the person alleged to be incapacitated resides, if any, […]
§ 81.09 Appointment of court evaluator. (a) At the time of the issuance of the order to show cause, the court shall appoint a court evaluator. (b) 1. the court may appoint as court evaluator any person including, but not limited to, the mental hygiene legal service in the judicial department where the person resides, […]
§ 81.10 Counsel. (a) Any person for whom relief under this article is sought shall have the right to choose and engage legal counsel of the person’s choice. In such event, any attorney appointed pursuant to this section shall continue his or her duties until the court has determined that retained counsel has been chosen […]
§ 81.11 Hearing. (a) A determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made only after a hearing. (b) In a proceeding brought pursuant to this article any party to the proceeding shall have the right to: 1. present evidence; 2. call witnesses, including expert […]
§ 81.12 Burden and quantum of proof. (a) A determination that a person is incapacitated under the provisions of this article must be based on clear and convincing evidence. The burden of proof shall be on the petitioner. (b) The court may, for good cause shown, waive the rules of evidence. The report of the […]
§ 81.13 Timing of hearing. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all other causes in the court. Unless the court, for good cause shown, orders otherwise, the hearing or trial shall be conducted within the time set forth in subdivision (b) […]
§ 81.14 Record of the proceedings. (a) A record of the proceedings shall be made in all cases. (b) The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds […]
§ 81.15 Findings. (a) Where the court determines that the person agrees to the appointment and that the appointment is necessary, the court shall make the following findings on the record: 1. the person’s agreement to the appointment; 2. the person’s functional limitations which impair the person’s ability to provide for personal needs or property […]
§ 81.16 Dispositional alternatives. (a) Dismissal of the petition. If the person alleged to be incapacitated under this article is found not to be incapacitated, the court shall dismiss the petition. (b) Protective arrangements and single transactions. If the person alleged to be incapacitated is found to be incapacitated, the court without appointing a guardian, […]
§ 81.17 Nomination of guardian. In the petition, or in a written instrument duly executed, acknowledged, and filed in the proceeding before the appointment of a guardian, the person alleged to be incapacitated may nominate a guardian.
§ 81.18 Foreign guardian for a person not present in the state. Where the person alleged to be incapacitated is not present in the state and a guardian, by whatever name designated, has been duly appointed pursuant to the laws of any other country where the person alleged to be incapacitated resides to assist such […]
§ 81.19 Eligibility as guardian. (a) 1. Any individual over eighteen years of age, or any parent under eighteen years of age, who is found by the court to be suitable to exercise the powers necessary to assist the incapacitated person may be appointed as guardian, including but not limited to a spouse, adult child, […]
§ 81.20 Duties of guardian. (a) Duties of guardian generally. 1. a guardian shall exercise only those powers that the guardian is authorized to exercise by court order; 2. a guardian shall exercise the utmost care and diligence when acting on behalf of the incapacitated person; 3. a guardian shall exhibit the utmost degree of […]
