2023 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.