reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 80.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 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  persons  with impaired decision-making   capacity, efforts should be made to ensure that  health  care  decisions   are  based  on  the  best  interests  of the patient and reflect, to the   extent possible, the patient's own  personal  beliefs  and  values.  The   legislature  further  finds  that  the exclusive utilization of judicial   authorization to obtain  consent  for  medical  care  for  the  mentally   disabled  has  in some cases resulted in undue delay in the provision of   necessary care, needlessly  jeopardizing  the  health  of  the  mentally   disabled.  The  legislature  further  finds and declares that the public   interest  will  be  served  by  the   establishment   of   a   statewide   quasi-judicial  surrogate decision-making process, which would determine   patient capacity to consent to or refuse medical  treatment  and  assess   whether  the  proposed  treatment promotes the patient's best interests,   consistent with the patient's values and preferences. The  process  will   strengthen  the  surrogate  decision-making  role  of  parents and other   family members, while assuring that those individuals without  available   family members have access to medical care.
NY Ment Hygiene L § 80.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 80.09 - Right of Appeal; Temporary Restraining Order.

§ 80.09 Right of appeal; temporary restraining order.The  patient,  declarant,  a parent, spouse, adult child, conservator,   legal guardian, committee of the person, or  other  available  surrogate   authorized  by  regulation  in  accordance  with  section  33.03 of this   chapter or correspondent  of  the  patient,  the  mental  hygiene  legal   service, or the director of the patient's residential facility may apply   to  the  supreme  court for review, pursuant to article seventy-eight of   the civil practice law and rules, of whether a determination by a  panel   is  supported  by substantial evidence. If a trial is required, it shall   receive an immediate preference, as provided  for  in  rule  thirty-four   hundred three of the civil practice law and rules.Within  the discretion of the court, a temporary restraining order may   be granted by the supreme court to facilitate appeal by a proper  party,   unless  it is found by the court to be inconsistent with a need for more   timely medical attention. In the event such an  order  is  granted,  the   court shall conduct an expedited review of the panel's determination.
NY Ment Hygiene L § 80.11 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 80.11 - Effect of Determination That a Person Is in Need of Surrogate Decision-Making.

§ 80.11 Effect  of  determination  that a person is in need of surrogatedecision-making.The determination by a panel that a patient is in  need  of  surrogate   decision-making  under  this article shall not be construed or deemed to   be a determination that such person is impaired or incompetent  pursuant   to  article seventy-seven or seventy-eight of this chapter, nor shall it   be valid for any other purpose or any other  future  medical  treatment,   unless  the  determination  explicitly  applies to related or continuing   treatment necessitated  by  the  original  treatment.  Nothing  in  this   article  shall  be  construed  to limit the availability of other lawful   means to  obtain  substitute  consent  for  medical  treatment,  without   utilizing  the  procedures set forth in this article. No person shall be   deemed to have failed to exhaust administrative remedies by commencing a   legal action to obtain consent to or refusal of medical treatment in the   absence  of  or  prior  to  a  review  of  the  case  by   a   surrogate   decision-making committee or panel.
NY Ment Hygiene L § 80.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 80.13 - Committee Reports.

§ 80.13 Committee reports.The chairman of each committee shall provide a quarterly report on the   activities  of the committee and its panels to the commission on quality   of care for  the  mentally  disabled.  Such  report  shall  provide  all   information in the manner and form requested by the commission.
NY Ment Hygiene L § 81.01 (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 81.01 - 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  respect  to   property  frequently is insufficient to provide necessary relief. On the   other hand, a committee, with its judicial finding of  incompetence  and   the accompanying stigma and loss of civil rights, traditionally involves   a deprivation that is often excessive and unnecessary. Moreover, certain   persons  require  some  form of assistance in meeting their personal and   property management needs but do not require  either  of  these  drastic   remedies.  The legislature finds that it is desirable for and beneficial   to persons with  incapacities  to  make  available  to  them  the  least   restrictive  form  of  intervention  which assists them in meeting their   needs but, at the same time, permits them to exercise  the  independence   and  self-determination  of  which  they  are  capable.  The legislature   declares that it is the purpose  of  this  act  to  promote  the  public   welfare  by  establishing  a guardianship system which is appropriate to   satisfy either personal or property management needs of an incapacitated   person in a manner tailored to the  individual  needs  of  that  person,   which  takes  in account the personal wishes, preferences and desires of   the person,  and  which  affords  the  person  the  greatest  amount  of   independence   and  self-determination  and  participation  in  all  the   decisions affecting such person's life.
NY Ment Hygiene L § 81.04 (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 81.04 - 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. for a resident of the state;   2. for a nonresident of the state present in the state;   3.  for  a  nonresident of the state pursuant to section 81.18 of this article.  (b) Notwithstanding the provisions of subdivision (a) of this section, when it appears in any proceeding in the surrogate's court that a person interested  in  an  estate  is  entitled  to  money  or  property  as  a beneficiary  of the estate, or entitled to the proceeds of any action as provided in section 5-4.1 of the estates, powers and trusts law,  or  to the  proceeds  of a settlement of a cause of action brought on behalf of an infant for personal injuries, and that the  interested  person  is  a resident  of,  is physically present, or has any property in, the county in which the proceeding is pending and is allegedly  incapacitated  with respect to property management under the provisions of this article, and the  surrogate's  court  is  satisfied  after  a  hearing  or  trial  in accordance with the provisions  of  this  article  that  the  interested person  is  incapacitated  with  respect  to  property  management,  the surrogate's court shall have the power to order relief for  that  person with respect to property management in accordance with the provisions of this article.
NY Ment Hygiene L § 81.05 (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 81.05 - 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 of  this  article.  If  the person alleged to be incapacitated is being cared for as a resident in a facility,  the  residence  of  that  person shall be deemed to be in the county where the facility is located and the proceeding shall be brought in that county, subject to application by  an  interested  party  for  a change  in  venue  to another county because of the inconvenience of the parties or witnesses or the  condition  of  the  person  alleged  to  be incapacitated.  If the person alleged to be incapacitated is not present in the state, or the residence of such person cannot be ascertained, the residence shall be deemed to be in the county in which all  or  some  of such person's property is situated.  (b)  After  the appointment of a guardian, temporary guardian, special guardian,  standby  guardian,  or  alternate  standby   guardians,   any proceeding  to  modify  a  prior  order  shall be brought in the supreme court, county court, or surrogate's court which granted the prior order. If, at the time  of  the  application  to  modify  a  prior  order,  the incapacitated person is being cared for as a resident in a facility, the proceeding shall be brought in the county where the facility is located, subject  to  application by an interested party for a change in venue to the court which granted the prior order because of the inconvenience  of the parties or witnesses or the condition of the incapacitated person.
NY Ment Hygiene L § 81.06 (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 81.06 - 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 hundred three of the surrogate's court procedure act;   3. an  executor  or  administrator  of  an  estate  when  the  alleged incapacitated person is or may be the beneficiary of that estate;   4.  a  trustee  of a trust when the alleged incapacitated person is or may be the grantor or a beneficiary of that trust;   5. the person  with  whom  the  person  alleged  to  be  incapacitated resides;   6. a person otherwise concerned with the welfare of the person alleged to  be  incapacitated.  For  purposes of this section a person otherwise concerned with the welfare of the person alleged to be incapacitated may include a corporation, or a public agency, including the  department  of social   services   in  the  county  where  the  person  alleged  to  be incapacitated resides regardless of whether the  person  alleged  to  be incapacitated is a recipient of public assistance;   7. the chief executive officer, or the designee of the chief executive officer,  of  a facility in which the person alleged to be incapacitated is a patient or resident.
NY Ment Hygiene L § 81.11 (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 81.11 - Hearing.

§ 81.11 Hearing.  (a)  A  determination  that the appointment of a guardian is necessary for a person alleged to be incapacitated shall  be  made  only  after  a hearing.  (b)  In a proceeding brought pursuant to this article any party to the proceeding shall have the right to:   1. present evidence;   2. call witnesses, including expert witnesses;   3. cross examine witnesses, including witnesses called by the court;   4. be represented by counsel of his or her choice.  (c) The hearing must be  conducted  in  the  presence  of  the  person alleged  to  be  incapacitated,  either  at  the courthouse or where the person alleged to be incapacitated resides, so as to permit the court to obtain its own impression  of  the  person's  capacity.  If  the  person alleged  to be incapacitated physically cannot come or be brought to the courthouse, the hearing must be conducted where the person alleged to be incapacitated resides unless:   1. the person is not present in the state; or   2. all the information before the court clearly establishes  that  (i) the   person  alleged  to  be  incapacitated  is  completely  unable  to participate in the hearing or  (ii)  no  meaningful  participation  will result from the person's presence at the hearing.  (d)  If  the  hearing  is conducted without the presence of the person alleged to be incapacitated and the court appoints a guardian, the order of appointment shall set forth the  factual  basis  for  conducting  the hearing  without  the presence of the person for whom the appointment is made.  (e) If the hearing is conducted in the presence of the person  alleged to  be  incapacitated  and the person is not represented by counsel, the court shall explain to that person,  on  the  record,  the  purpose  and possible  consequences of the proceeding, the right to be represented by counsel and the  fact  that  the  court  will  appoint  an  attorney  to represent the person alleged to be incapacitated if the person wishes to be represented by counsel, and shall inquire of the person whether he or she  wishes  to  have  an  attorney appointed. If the person refuses the assistance of counsel, the court may nevertheless appoint counsel if the court is not satisfied that the person is capable of making an  informed decision regarding the appointment of counsel.  (f)  If  on  or before the return date designated in the order to show cause the alleged  incapacitated  person  or  counsel  for  the  alleged incapacitated  person  raises  issues  of fact regarding the need for an appointment under this article and demands a jury trial of such  issues, the  court  shall  order a trial by jury thereof. Failure to make such a demand shall be deemed a waiver of the right to trial by jury.
NY Ment Hygiene L § 81.12 (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 81.12 - Burden and Quantum of Proof.

§ 81.12 Burden and quantum of proof.  (a)   A  determination  that  a  person  is  incapacitated  under  the provisions of this  article  must  be  based  on  clear  and  convincing evidence. The burden of proof shall be on the petitioner.  (b)  The court may, for good cause shown, waive the rules of evidence. The report of the court evaluator may be admitted  in  evidence  if  the court evaluator testifies and is subject to cross examination; provided, however,  that if the court determines that information contained in the report is, in the particular circumstance of the case, not  sufficiently reliable,  the  court  shall  require  that  the person who provided the information testify and be subject to cross examination.
NY Ment Hygiene L § 81.13 (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 81.13 - Timing of Hearing.

§ 81.13 Timing of hearing.Unless the court, for good cause shown, orders otherwise, a proceeding   under  this article is entitled to a preference over all other causes in   the court. Unless the court, for good cause shown, orders otherwise, the   hearing or trial shall  be  conducted  within  the  time  set  forth  in   subdivision  (b)  of  section 81.07 of this article. A decision shall be   rendered within seven days after the  hearing,  unless  for  good  cause   shown,  the court extends the time period for rendering the decision. In   the event the time period is extended, the court  shall  set  forth  the   factual  basis  for the extension. The commission shall be issued to the   guardian within fifteen days after the decision is rendered.
NY Ment Hygiene L § 81.14 (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 81.14 - Record of the Proceedings.

§ 81.14 Record of the proceedings.  (a) A record of the proceedings shall be made in all cases.  (b)  The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds  thereof. In  determining  whether  good  cause  has  been  shown, the court shall consider  the  interest  of  the   public,   the   orderly   and   sound administration  of  justice,  the  nature  of  the  proceedings, and the privacy of the person alleged to  be  incapacitated.  Where  it  appears necessary  or  desirable, the court may prescribe appropriate notice and opportunity to be heard. Court records shall include all  documents  and records  of  any  nature  filed  with  the  clerk in connection with the proceeding. Documents obtained through disclosure and not filed with the clerk shall remain subject to protective orders under the civil practice law and rules.  (c) The court shall not exclude a person or  persons  or  the  general public from a proceeding under this article except upon written findings of  good  cause shown. In determining whether good cause has been shown, the court shall consider the interest of the  public,  the  orderly  and sound  administration of justice, the nature of the proceedings, and the privacy of the person alleged to be incapacitated.  (d) At the time of the commencement of the hearing,  the  court  shall inform the allegedly incapacitated person of his or her right to request for  good  cause  that  the  court  records be sealed and that a person, persons, or the general public be excluded from the hearing.
NY Ment Hygiene L § 81.17 (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 81.17 - Nomination of Guardian.

§ 81.17 Nomination of guardian.In   the   petition,   or  in  a  written  instrument  duly  executed,   acknowledged, and filed in the proceeding before the  appointment  of  a   guardian,  the  person  alleged  to  be  incapacitated  may  nominate  a   guardian.
NY Ment Hygiene L § 81.18 (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 81.18 - 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  person  in  property   management,  the  court  in its discretion, may make an order appointing   the foreign guardian as a guardian under this article with  powers  with   respect  to  property  management  within  this  state  on  the  foreign   guardian's giving such security  as  the  court  deems  proper.  In  its   discretion, the court may utilize the provisions of article eighty-three   of this title.
NY Ment Hygiene L § 81.20 (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 81.20 - 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  trust,  loyalty  and fidelity in relation to the incapacitated person;   4.  a  guardian shall file an initial and annual reports in accordance with sections 81.30 and 81.31 of this article;   5. a guardian shall visit the incapacitated person not less than  four times a year or more frequently as specified in the court order;   6.  a  guardian  who  is  given  authority  with  respect  to property management for the incapacitated person shall:  (i)  afford  the  incapacitated  person   the   greatest   amount   of independence  and self-determination with respect to property management in  light  of  that  person's  functional   level,   understanding   and appreciation  of his or her functional limitations, and personal wishes, preferences and desires with regard to managing the activities of  daily living;  (ii)  preserve,  protect,  and account for such property and financial resources faithfully;  (iii) determine whether the incapacitated person has executed a  will, determine  the  location  of any will, and the appropriate persons to be notified in the event of the death of the incapacitated person  and,  in the  event  of  the  death  of  the  incapacitated  person, notify those persons;  (iv) use the property and financial  resources  and  income  available therefrom  to  maintain  and  support  the  incapacitated person, and to maintain and support those  persons  dependent  upon  the  incapacitated person;  (v)  at  the  termination of the appointment, deliver such property to the person legally entitled to it;  (vi) file with  the  recording  officer  of  the  county  wherein  the incapacitated  person  is  possessed  of  real property, an acknowledged statement to be recorded and indexed under the name of the incapacitated person identifying the real  property  possessed  by  the  incapacitated person, and the tax map numbers of the property, and stating the date of adjudication  of incapacity of the person regarding property management, and the name, address, and telephone number  of  the  guardian  and  the guardian's surety; and  (vii) perform all other duties required by law.   7. a guardian who is given authority relating to the personal needs of the  incapacitated  person  shall  afford  the  incapacitated person the greatest amount of independence and self-determination with  respect  to personal needs in light of that person's functional level, understanding and  appreciation  of that person's functional limitations, and personal wishes, preferences and desires with regard to managing  the  activities of daily living.