reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.05 - Limitations on Number of Wards.

§ 79.05 Limitations on number of wards.
Except  as hereinafter provided it shall be unlawful for any person to
  accept appointment as guardian of any ward  if  such  proposed  guardian
  shall  at  that  time  be acting as guardian for five wards. In any case
  upon presentation of a petition by an  attorney  of  the  administration
  under  this  section  alleging  that a guardian is acting in a fiduciary
  capacity for more than five wards and requesting his discharge for  that
  reason, the court, upon proof substantiating the petition, shall require
  a final accounting forthwith from such guardian and shall discharge such
  guardian in said case.
The  limitations of this section shall not apply where the guardian is
  a bank or trust company. An individual may be guardian of more than five
  wards if they are all members of the same family.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.07 - Petition; Contents.

§ 79.07 Petition; contents.
A  petition  for  the  appointment of a guardian for an incompetent or
  conservatee ward may be filed in the supreme  court  or  in  the  county
  court  pursuant to jurisdiction given in the laws of the state, by or on
  behalf of any person who, under the laws of the state,  is  entitled  to
  file  such  a petition. A petition for the appointment of a guardian for
  an infant ward may  be  filed  in  the  surrogate's  court  pursuant  to
  jurisdiction  given  in  the  surrogate's  court procedure act, by or on
  behalf of any person who, under the provision of the  surrogate's  court
  procedure act, is entitled to file such petition.
The  petition  for  appointment  of  a guardian, whether the ward be a
  mental incompetent or an infant, shall set forth the name, age, place of
  residence of the ward, the names and places of residence of the  nearest
  relative,  if  known, and the fact that such ward is entitled to receive
  moneys payable by or through the administration and shall set forth  the
  amount of moneys then due and the amount of probable future payments.
The  petition  shall also set forth the name and address of the person
  or institution, if any, having actual custody of the ward.
In the case of a mentally incompetent ward  the  petition  shall  show
  that  such  ward  has  been  rated  incompetent  on  examination  by the
  administration in accordance with the laws and regulations governing the
  administration.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.09 - Consolidated Procedure.

§ 79.09 Consolidated procedure.
Upon  petition for the appointment of a guardian the court may appoint
  such  guardian  to  receive  not  only  benefits  from   the   veterans'
  administration and income from such benefits, but such other property of
  the  ward  to  which  he  may  be  entitled  and which is not then being
  administered by a committee appointed  pursuant  to  the  provisions  of
  article  seventy-eight  of this chapter in the case of an incompetent or
  pursuant to article seventy-seven of this  chapter  in  the  case  of  a
  conservatee,  or  guardian  appointed  pursuant to the provisions of the
  surrogate's court procedure act in the  case  of  an  infant;  provided,
  however,  that if objection to such appointment of a guardian be made by
  or on behalf of such ward, such appointment shall  not  be  made  except
  upon  compliance  with said provisions of this chapter in the case of an
  incompetent or conservatee, or the surrogate's court  procedure  act  in
  the case of an infant.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.11 - Prima Facie Evidence of Infancy or Incompetency.

§ 79.11 Prima facie evidence of infancy or incompetency.
(a)  Where a petition is filed for the appointment of a guardian of an
infant ward, a certificate  of  the  director,  or  his  representative,
setting  forth  the  age  of  such infant as shown by the records of the
administration and the fact that the appointment  of  a  guardian  is  a
condition  precedent  to the payment of any moneys due the infant by the
administration shall be prima facie evidence of the  necessity  for  the
appointment  of  a  guardian to receive benefits from the administration
and income from such benefits.
(b) Where a petition is filed for the appointment of a guardian  of  a
mentally  incompetent  ward,  a  certificate  of  the  director,  or his
representative, setting forth the fact that such person has  been  rated
incompetent  by the administration on examination in accordance with the
laws  and  regulations  governing  such  administration  and  that   the
appointment of a guardian is a condition precedent to the payment of any
moneys  due  such  person  by  the  administration  shall be prima facie
evidence of the necessity for the appointment of a guardian  to  receive
benefits from the administration and income from such benefits.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.13 - Notice.

§ 79.13 Notice.
(a)  Upon  the  filing of a petition for the appointment of a guardian
under the provisions of this article, the court  shall  cause  the  same
notice to be given that is required by this chapter when the appointment
is  being made for an incompetent and by the surrogate's court procedure
act when it is being made for an infant.
(b) Due and timely notice shall be given to the administration of  any
proceeding had involving the estate of a claimant of said administration
where  said  claimant  is  receiving  payment  from  said administration
through a guardian.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.15 - Bonds; Sureties.

§ 79.15 Bonds; sureties.
Before  making an appointment under the provisions of this article the
  court shall be satisfied that the guardian, whose appointment is sought,
  is a fit and proper person to be appointed. Upon the  appointment  being
  made  the  guardian  shall execute and file a bond to be approved by the
  court in an amount not less than the  sum  then  due  and  estimated  to
  become  payable  during  the  ensuing year, if he is to receive only the
  benefits from the administration and income from such benefits.  If  the
  guardian  is  also  to  receive  other property of the ward, the minimum
  amount of  the  said  bond  shall  be  increased,  in  the  case  of  an
  incompetent  ward,  by  the  amount  of the bond required of a committee
  appointed under article seventy-eight of this chapter, and in  the  case
  of  an  infant  ward,  by  the amount of the bond required of a guardian
  appointed under  the  surrogate's  court  procedure  act;  or  else  the
  guardian  shall  execute  and  file  an  additional  bond  in the amount
  required by the applicable statute. The said bond or bonds shall  be  in
  the  form  and  be  conditioned as required of guardians appointed under
  article seventy-eight of this chapter, in the  case  of  an  incompetent
  ward,  and  under the surrogate's court procedure act, in the case of an
  infant ward. The court shall have power from time to time to require the
  guardian to file an additional bond. The necessity of requiring  a  bank
  or  trust company to give bond when acting as guardian shall be governed
  by subdivision five of section one hundred-a of the banking law.
Where a bond is tendered by a guardian with  personal  sureties,  such
  sureties  shall file with the court a certificate under oath which shall
  describe the property owned, both real and personal, and that  they  are
  each  worth  the  sum  named in the bond as the penalty thereof over and
  above all their debts and liabilities and exclusive of  property  exempt
  from execution.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.19 - Removal of Guardian for Failure to Account or for Other Reasons.

§ 79.19 Removal of guardian for failure to account or for other reasons.
If  any guardian shall fail to file any account of the moneys received
  by him from the administration on account of his ward within thirty days
  after  such  account  is  required  by   either   the   court   or   the
  administration,  or  shall  fail  to  furnish  the  bureau a copy of his
  accounts as required by this article, such failure shall be grounds  for
  removal.  A  guardian  may  also be removed when the judge has reason to
  believe that sufficient cause therefor exists.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.21 - Compensation of Guardian.

§ 79.21 Compensation of guardian.
(a)  Where  a  guardian  has  received  only  the  benefits  from  the
administration or income from such benefits, compensation payable to the
guardian for administering the estate of a ward shall be  fixed  by  the
court not to exceed five per centum of the income of the ward during any
year.  In  the event of extraordinary services rendered by such guardian
the court may,  upon  petition  and  after  hearing  thereon,  authorize
additional  compensation  therefor, payable from the estate of the ward.
Notice of such petition and hearing shall be given the proper office  of
the administration. No compensation shall be allowed on the corpus of an
estate  received  from a preceding guardian. The guardian may be allowed
from the estate of his ward reasonable premiums, not exceeding  one  per
centum  per  annum  upon  the  amount  of  the  bond, paid by him to any
corporate surety upon his bond.
(b) Where a guardian has also received property of the ward other than
benefits and income therefrom, additional compensation may  be  had,  in
the  case of an incompetent ward, as prescribed by article seventy-eight
of this chapter, and in the case of an infant ward, as prescribed by the
surrogate's court.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.23 - Investments by Guardians.

§ 79.23 Investments by guardians.
(a)  A guardian of an infant ward, in the investment both of the funds
of the estate and of other property of the infant which he may  receive,
shall  be governed by the laws which govern investments by a guardian of
an infant who has executed and filed a bond with surety.
(b) A guardian of an incompetent ward, in the investment both  of  the
funds  of  the estate and other property of the incompetent which he may
receive, shall be governed by the laws which  govern  investments  by  a
committee of an incompetent.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.25 - Maintenance and Support.

§ 79.25 Maintenance and support.
A  guardian  shall not apply any portion of the estate of his ward for
  the support and maintenance of any person other than  his  ward,  except
  upon  order of the court after a hearing, notice of which has been given
  the proper office of the administration. In case of an infant ward,  the
  application of property to his support or education shall be governed by
  sections  seventeen  hundred  thirteen,  seventeen hundred fourteen, and
  seventeen hundred fifteen of the surrogate's court procedure act.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.27 - Filing and Recording of Papers and Copies of Public Records to Be Furnished.

§ 79.27 Filing  and  recording of papers and copies of public records to
be furnished.
The official, charged with  the  responsibility  of  receiving  public
  records  for filing and recording, shall receive any such public records
  pertaining to the appointment, discharge, or removal of any guardian  of
  a  claimant  of  the  veterans'  administration  where such appointment,
  discharge, or removal is required by said administration, and  file  and
  when necessary record same without charge to the claimant or his estate,
  and  likewise  shall any papers be received and filed and when necessary
  recorded without charge where incidental proceedings develop,  including
  court orders for the expenditure of funds for support and maintenance of
  a  ward or his dependents, and issuance of certified copies thereof, and
  whenever a copy of any public record is required by  the  administration
  to  be  used in determining the eligibility of any person to participate
  in the benefits made available  by  such  administration,  the  official
  charged  with  the  custody  of  such public record shall without charge
  provide the applicant for such benefits or  any  person  acting  on  his
  behalf  or  the  representative  of such administration with a certified
  copy of such record.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.29 - Admission and Retention of Mentally Ill Veterans.

§ 79.29 Admission and retention of mentally ill veterans.
Whenever  it  appears that a mentally ill veteran of any war, military
  occupation or expedition is eligible for treatment in  a  United  States
  veterans' administration hospital or that a mentally ill seaman or other
  person  is  eligible  for  treatment  in  a  United States public health
  service hospital and the official in charge of such hospital  determines
  that such person is suitable for voluntary admission to such hospital or
  that  an  involuntary  admission  to  such hospital is necessary for the
  proper care and treatment of such veteran, seaman, or other person, such
  official is authorized to admit and retain such veteran, seaman or other
  person,  provided,  however,  such  official  shall  comply   with   all
  applicable  provisions  of  article  nine  of  this  chapter relating to
  admission and retention of patients. The officials  in  charge  of  such
  hospitals  are also authorized to apply to the commissioner for approval
  to receive and retain such veterans, seamen or other eligible persons on
  an emergency basis, in accordance with the provisions of section 9.39 of
  this chapter.  Such veteran, seaman, or other  person,  upon  admission,
  shall  be  subject  to the rules and regulations of such hospital to the
  extent that  such  rules  and  regulations  do  not  conflict  with  the
  provisions of this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.31 - Discharge of Guardian.

§ 79.31 Discharge of guardian.
(a) When a minor ward for whom a guardian has been appointed under the
provisions  of  this  article  or  other  laws  of this state shall have
attained his or her majority, and  if  incompetent,  shall  be  declared
competent  by the administration and the court, and when any incompetent
ward, not a minor, shall be declared competent  by  said  administration
and  the court, the guardian shall upon making a satisfactory accounting
be discharged upon a petition filed for that purpose. Provided, however,
if a guardian has received other property in addition  to  the  benefits
from  the administration and income from such benefits, his discharge as
to such property shall, in the case of an incompetent ward, be  governed
by the laws which govern the discharge of a committee of an incompetent,
and  in  the  case  of  an  infant  ward,  by  the laws which govern the
discharge of a guardian of an infant.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.35 - Uniformity of Construction.

§ 79.35 Uniformity of construction.
This  article  shall  be so interpreted and construed as to effectuate
  its general purpose to make uniform the law of those states which  enact
  it.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.37 - Invalidity of Part of Article.

§ 79.37 Invalidity of part of article.
The  invalidity  of  any  portion of this article shall not affect the
  validity of any other portion thereof which can be given effect  without
  such invalid part.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.39 - Recognition of Veterans' Administration as a Party in Interest.

§ 79.39 Recognition of veterans' administration as a party in interest.
(a)  With  respect  to  benefits from the administration or the income
therefrom,  the   administrator   of   the   United   States   veterans'
administration  or  his  duly  authorized  attorney,  for the purpose of
bringing any action, or otherwise appearing, in behalf of a ward of  the
administration  to  whom  benefits  from said administration may accrue,
shall be recognized as a party in  interest  and  entitled  to  all  the
rights and privileges of a party.
(b) In addition to any official authorized by law to administer oaths,
any  attorney  or  field  representative  employed  by the United States
veterans' administration shall be  authorized  to  administer  any  oath
required  in any court proceeding wherein such administration is a party
in interest, as provided in subdivision (a). The certification,  on  any
affidavit,  instrument,  or  document,  as  to an oath taken by any such
attorney  or  field  representative  of  the  United  States   veterans'
administration  pursuant to the authority of this section, shall contain
a statement of the title of the office or employment of such attorney or
field representative in such administration.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.41 - Funds to Be Kept Separate.

§ 79.41 Funds to be kept separate.
Every guardian shall keep the funds received by him in his capacity as
  guardian separate and distinct from his own personal funds and property.
  He  shall  not  invest  the  same  or  deposit the same with any person,
  association or corporation doing business  under  the  banking  law,  or
  other  person or institution in his own name, but, except as provided in
  section 11-1.6 of the estates, powers and trusts law,  all  transactions
  had  and  done  by him shall be in his name as such guardian. Any person
  violating any of the provisions of this section shall  be  guilty  of  a
  misdemeanor.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.43 - Notice of Pendency of Proceeding; Effect.

§ 79.43 Notice of pendency of proceeding; effect.
In  all  proceedings taken under this article, if real property or any
  interest therein is intended to be affected, the petitioner  shall  file
  in  the  clerk's  office of each county where the property is situated a
  notice of the pendency of such proceeding  which  shall  set  forth  the
  general  nature  and object of the proceeding and a brief description of
  the real property in that county to be affected  thereby,  which  notice
  must be filed with the petition or at any time thereafter and before any
  final  adjudication in the proceeding. The clerk shall index such notice
  against the name  of  the  alleged  incompetent.  The  pendency  of  the
  proceeding  is constructive notice from the time of so filing the notice
  only to a purchaser or incumbrancer of  the  property  affected  thereby
  from  or against the alleged incompetent with respect to whom the notice
  is directed to be indexed. A person whose conveyance or  incumbrance  is
  subsequently   executed   or  subsequently  recorded  is  bound  by  all
  proceedings taken after the filing of the notice to the same  extent  as
  if  he  was  a  party  to  the  proceeding. But this provision shall not
  prevent a jury  in  a  proper  proceeding,  on  sufficient  proof,  from
  rendering  a  verdict that shall overreach any conveyance or incumbrance
  theretofore executed by the alleged incompetent,  so  as  to  make  such
  conveyance or incumbrance prima facie void.
2023 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.
2023 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.
2023 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 surrogate
decision-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.
2023 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.
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 › 81.01 - 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.
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 › 81.04 - 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.
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 › 81.05 - 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.
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 › 81.06 - 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.
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 › 81.11 - 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.
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 › 81.12 - 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.
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 › 81.13 - 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.
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 › 81.14 - 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.
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 › 81.17 - 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.
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 › 81.18 - 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.
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 › 81.20 - 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.
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 › 81.24 - Notice of Pendency.

§ 81.24 Notice of pendency.
The  petitioner shall, prior to judgment, file a notice of pendency if
  real property or any interest therein is  or  may  be  affected  by  the
  proceeding.
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 › 81.26 - Designation of Clerk to Receive Process.

§ 81.26 Designation of clerk to receive process.
No  commission  shall  issue  nor  shall  any  order  which  in itself
  constitutes a commission become effective until an  instrument  executed
  and  acknowledged  by  the guardian has been filed with the clerk of the
  court designating the clerk and the clerk's successor  in  office  as  a
  person  on  whom  service  of any process may be made in like manner and
  with like effect as if it  were  served  personally  upon  the  guardian
  whenever  the  guardian cannot, with due diligence, be served within the
  state.
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 › 81.27 - Commission to Guardian.

§ 81.27 Commission to guardian.
Within  five  days  after  the  guardian has filed a designation under
  section 81.26 of this article, and has filed a bond in  accordance  with
  the  provisions  of  section  81.25 of this article unless the court has
  waived the filing of the bond or unless the  guardian's  appointment  is
  pursuant  to section 81.23 of this article, the clerk of the court shall
  issue a commission which shall state:
1. the title of the proceeding and the name,  address,  and  telephone
  number of the incapacitated person; and
2.  the  name,  address,  and telephone number of the guardian and the
  specific powers of such guardian; and
3. the date when the appointment of the guardian was  ordered  by  the
  court; and
4.  the  date  on  which  the  appointment  terminates if one has been
  ordered by the court.