N.Y. MHY Law § 81.15 — New York Code / Act MHY / Title E / Article 81 / Section 81.15
Findings
Status: in_force

§ 81.15 Findings.\n  (a) Where the court determines that the person agrees to the\nappointment and that the appointment is necessary, the court shall make\nthe following findings on the record:\n  1. the person's agreement to the appointment;\n  2. the person's functional limitations which impair the person's\nability to provide for personal needs or property management;\n  3. the necessity of the appointment of a guardian as a means of\nproviding for personal needs and/or property management for the person;\n  4. the specific powers of the guardian which constitute the least\nrestrictive form of intervention consistent with the person's functional\nlimitations; and\n  5. the duration of the appointment.\n  (b) Where the petition requests the appointment of a guardian to\nprovide for the personal needs for a person alleged to be incapacitated\nand the court determines that such person is incapacitated and that the\nappointment is necessary, the court shall make the following findings on\nthe record:\n  1. the person's functional limitations which impair the person's\nability to provide for personal needs;\n  2. the person's lack of understanding and appreciation of the nature\nand consequences of his or her functional limitations;\n  3. the likelihood that the person will suffer harm because of the\nperson's functional limitations and inability to adequately understand\nand appreciate the nature and consequences of such functional\nlimitations;\n  4. the necessity of the appointment of a guardian to prevent such\nharm;\n  5. the specific powers of the guardian which constitute the least\nrestrictive form of intervention consistent with the findings of this\nsubdivision;\n  6. the duration of the appointment; and\n  7. whether the incapacitated person should receive copies of the\ninitial and annual report.\n  (c) Where the petition requests the appointment of a guardian for\nproperty management for the person alleged to be incapacitated, and the\ncourt determines that the person is incapacitated and that the\nappointment of a guardian is necessary, the court shall make the\nfollowing findings on the record:\n  1. the type and amount of the property and financial resources of the\nperson alleged to be incapacitated;\n  2. the person's functional limitations which impair the person's\nability with respect to property management;\n  3. the person's lack of understanding and appreciation of the nature\nand consequences of his or her functional limitations;\n  4. the likelihood that the person will suffer harm because of the\nperson's functional limitations and inability to adequately understand\nand appreciate the nature and consequences of such functional\nlimitations;\n  5. any additional findings that are required under section 81.21 of\nthis article;\n  6. the necessity of the appointment of a guardian to prevent such\nharm;\n  7. if so, the specific powers of the guardian which constitute the\nleast restrictive form of intervention consistent with the person's\nfunctional limitations and the likelihood of harm because of the\nperson's inability to adequately understand and appreciate the nature\nand consequences of such functional limitations;\n  8. the duration of the appointment; and\n  9. whether the incapacitated person should receive copies of the\ninitial and annual report.\n