81.09 – Appointment of Court Evaluator.
§ 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.
§ 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 […]
81.01 – Legislative Findings and Purpose.
§ 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 […]
79.39 – Recognition of Veterans’ Administration as a Party in Interest.
§ 79.39 Recognition of veterans’ administration as a party in interest. (a) With respect to benefits from the administration or the income therefrom, the administrator of the United States veterans’ administration or his duly authorized attorney, for the purpose of bringing any action, or otherwise appearing, in behalf of a ward of the administration to […]
79.41 – Funds to Be Kept Separate.
§ 79.41 Funds to be kept separate. Every guardian shall keep the funds received by him in his capacity as guardian separate and distinct from his own personal funds and property. He shall not invest the same or deposit the same with any person, association or corporation doing business under the banking law, or other […]
79.43 – Notice of Pendency of Proceeding; Effect.
§ 79.43 Notice of pendency of proceeding; effect. In all proceedings taken under this article, if real property or any interest therein is intended to be affected, the petitioner shall file in the clerk’s office of each county where the property is situated a notice of the pendency of such proceeding which shall set forth […]
80.01 – Legislative Findings and Purpose.
§ 80.01 Legislative findings and purpose. The legislature hereby finds and declares that timely access to health care for people who are mentally disabled is an important objective for New York state; that the autonomy of persons with decision-making capacity to make health care decisions for themselves must be respected; and that, in cases involving […]
80.03 – Definitions.
§ 80.03 Definitions. When used in this article: (a) “Major medical treatment” means a medical, surgical or diagnostic intervention or procedures where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation or having a significant recovery period. […]
80.05 – Surrogate Decision-Making Committees and Panels; Organization.
§ 80.05 Surrogate decision-making committees and panels; organization. (a) Surrogate decision-making committees of at least twelve persons shall be established by the commission in geographic areas of the state, as may be designated by the commission. A committee designated after April first, nineteen hundred eighty-eight shall not accept applications for review pursuant to this article […]
80.07 – Procedures of the Committees and Panels.
§ 80.07 Procedures of the committees and panels. (a) The committee shall receive declarations filed on behalf of patients, as follows: 1. A declaration may be filed by a declarant on behalf of any patient, residing within the geographic area served by the committee, who is believed to be in need of major medical treatment […]