N.Y. MHY Law § 81.16 — New York Code / Act MHY / Title E / Article 81 / Section 81.16
Dispositional alternatives
Status: in_force

§ 81.16 Dispositional alternatives.\n  (a) Dismissal of the petition.\n  If the person alleged to be incapacitated under this article is found\nnot to be incapacitated, the court shall dismiss the petition.\n  (b) Protective arrangements and single transactions. If the person\nalleged to be incapacitated is found to be incapacitated, the court\nwithout appointing a guardian, may authorize, direct, or ratify any\ntransaction or series of transactions necessary to achieve any security,\nservice, or care arrangement meeting the foreseeable needs of the\nincapacitated person, or may authorize, direct, or ratify any contract,\ntrust, or other transaction relating to the incapacitated person's\nproperty and financial affairs if the court determines that the\ntransaction is necessary as a means of providing for personal needs\nand/or property management for the alleged incapacitated person. Before\napproving a protective arrangement or other transaction under this\nsubdivision, the court shall consider the interests of dependents and\ncreditors of the incapacitated person, and in view of the person's\nfunctional level, whether the person needs the continuing protection of\na guardian. The court may appoint a special guardian to assist in the\naccomplishment of any protective arrangement or other transaction\nauthorized under this subdivision. The special guardian shall have the\nauthority conferred by the order of appointment, shall report to the\ncourt on all matters done pursuant to the order of appointment and shall\nserve until discharged by order of the court. The court may approve a\nreasonable compensation for the special guardian; however, if the court\nfinds that the special guardian has failed to discharge his or her\nduties satisfactorily in any respect, the court may deny or reduce the\namount of compensation or remove the special guardian.\n  (c) Appointing a guardian.\n  1. If the person alleged to be incapacitated is found to have agreed\nto the appointment of a guardian and the court determines that the\nappointment of a guardian is necessary, the order of the court shall be\ndesigned to accomplish the least restrictive form of intervention by\nappointing a guardian with powers limited to those which the court has\nfound necessary to assist the person in providing for personal needs\nand/or property management.\n  2. If the person alleged to be incapacitated is found to be\nincapacitated and the court determines that the appointment of a\nguardian is necessary, the order of the court shall be designed to\naccomplish the least restrictive form of intervention by appointing a\nguardian with powers limited to those which the court has found\nnecessary to assist the incapacitated person in providing for personal\nneeds and/or property management.\n  3. The order of appointment shall identify all persons entitled to\nnotice of all further proceedings.\n  4. The order of appointment shall identify the persons entitled to\nreceive notice of the incapacitated person's death, the intended\ndisposition of the remains of the decedent, funeral arrangements and\nfinal resting place when that information is known or can be reasonably\nascertained by the guardian.\n  5. The order of appointment may identify the person or persons\nentitled to notice of the incapacitated person's transfer to a medical\nfacility.\n  6. The order of appointment may identify the persons entitled to visit\nthe incapacitated person, if they so choose. However, the identification\nof such persons in the order shall in no way limit the persons entitled\nto visit the incapacitated person.\n  (d) The court shall direct that a judgment be entered determining the\nrights of the parties.\n  (e) The order and judgment must be entered and served within ten days\nof the signing of the order. A copy of the order and judgment shall be\npersonally served upon and explained to the person who is the subject of\nthe proceedings in a manner which the person can reasonably be expected\nto understand by the court evaluator, or by counsel for the person, or\nby the guardian.\n  (f) When a petition is granted, or where the court otherwise deems it\nappropriate, the court may award reasonable compensation for the\nattorney for the petitioner, including the attorney general and the\nattorney for a local department of social services.\n