NY Ment Hygiene L § 81.16 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management 81.16 - Dispositional Alternatives.

§ 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, may  authorize,  direct,  or  ratify  any transaction or series of transactions necessary to achieve any security, service,  or  care  arrangement  meeting  the  foreseeable  needs of the incapacitated person, or may authorize, direct, or ratify any  contract, trust,  or  other  transaction  relating  to  the incapacitated person's property  and  financial  affairs  if  the  court  determines  that  the transaction  is  necessary  as  a  means of providing for personal needs and/or property management for the alleged incapacitated person.  Before approving  a  protective  arrangement  or  other  transaction under this subdivision, the court shall consider the interests  of  dependents  and creditors  of  the  incapacitated  person,  and  in view of the person's functional level, whether the person needs the continuing protection  of a  guardian.  The  court may appoint a special guardian to assist in the accomplishment  of  any  protective  arrangement  or  other  transaction authorized  under  this subdivision. The special guardian shall have the authority conferred by the order of appointment,  shall  report  to  the court on all matters done pursuant to the order of appointment and shall serve  until  discharged  by order of the court. The court may approve a reasonable compensation for the special guardian; however, if the  court finds  that  the  special  guardian  has  failed to discharge his or her duties satisfactorily in any respect, the court may deny or  reduce  the amount of compensation or remove the special guardian.  (c) Appointing a guardian.   1.  If  the person alleged to be incapacitated is found to have agreed to the appointment of a guardian  and  the  court  determines  that  the appointment  of a guardian is necessary, the order of the court shall be designed to accomplish the least restrictive  form  of  intervention  by appointing  a  guardian with powers limited to those which the court has found necessary to assist the person in  providing  for  personal  needs and/or property management.   2.  If  the  person  alleged  to  be  incapacitated  is  found  to  be incapacitated and  the  court  determines  that  the  appointment  of  a guardian  is  necessary,  the  order  of  the court shall be designed to accomplish the least restrictive form of intervention  by  appointing  a guardian  with  powers  limited  to  those  which  the  court  has found necessary to assist the incapacitated person in providing  for  personal needs and/or property management.   3.  The  order  of  appointment shall identify all persons entitled to notice of all further proceedings.   4. The order of appointment shall identify  the  persons  entitled  to receive  notice  of  the  incapacitated  person's  death,  the  intended disposition of the remains of the  decedent,  funeral  arrangements  and final  resting place when that information is known or can be reasonably ascertained by the guardian.   5. The order  of  appointment  may  identify  the  person  or  persons entitled  to  notice of the incapacitated person's transfer to a medical facility.   6. The order of appointment may identify the persons entitled to visit the incapacitated person, if they so choose. However, the identification of such persons in the order shall in no way limit the persons  entitled to visit the incapacitated person.  (d)  The court shall direct that a judgment be entered determining the rights of the parties.  (e)  The order and judgment must be entered and served within ten days of the signing of the order. A copy of the order and judgment  shall  be personally served upon and explained to the person who is the subject of the  proceedings in a manner which the person can reasonably be expected to understand by the court evaluator, or by counsel for the  person,  or by the guardian.  (f)  When a petition is granted, or where the court otherwise deems it appropriate,  the  court  may  award  reasonable  compensation  for  the attorney  for  the  petitioner,  including  the attorney general and the attorney for a local department of social services.