81.18 – Foreign Guardian for a Person Not Present in the State.
§ 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.
§ 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.
§ 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 […]
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 […]
81.02 – Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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 […]