reglab/statecodes huggingface dataset:
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 › 81.28 - Compensation of Guardian.

§ 81.28 Compensation of guardian.
(a)  The  court  shall  establish, and may from time to time modify, a
plan for the reasonable compensation of the guardian or  guardians.  The
plan  for  compensation  of  such  guardian  must  take into account the
specific authority of the guardian  or  guardians  to  provide  for  the
personal  needs and/or property management for the incapacitated person,
and the services provided to the incapacitated person by such guardian.
(b) If the court finds that the guardian has failed to  discharge  his
or  her  duties  satisfactorily  in  any  respect, the court may deny or
reduce the compensation which would otherwise be allowed.
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 › 81.29 - Effect of the Appointment on the Incapacitated Person.

§ 81.29 Effect of the appointment on the incapacitated person.
(a)  An  incapacitated  person  for whom a guardian has been appointed
retains all powers and rights except those powers and rights  which  the
guardian is granted.
(b)  Subject  to subdivision (a) of this section, the appointment of a
guardian shall not be conclusive evidence that the person lacks capacity
for any other purpose, including the capacity to dispose of property  by
will.
(c)  The title to all property of the incapacitated person shall be in
such person and not in the guardian. The property shall  be  subject  to
the  possession  of the guardian and to the control of the court for the
purposes of administration, sale or other disposition only to the extent
directed by the court order appointing the guardian.
(d) If the court determines  that  the  person  is  incapacitated  and
appoints  a  guardian,  the  court  may  modify,  amend,  or  revoke any
previously executed appointment,  power,  or  delegation  under  section
5-1501,  5-1505, or 5-1506 of the general obligations law or section two
thousand nine hundred sixty-five of the public health  law,  or  section
two   thousand   nine  hundred  eighty-one  of  the  public  health  law
notwithstanding section two thousand  nine  hundred  ninety-two  of  the
public  health  law,  or any contract, conveyance, or disposition during
lifetime or to take effect upon death, made by the incapacitated  person
prior  to  the  appointment  of the guardian if the court finds that the
previously   executed   appointment,   power,   delegation,    contract,
conveyance, or disposition during lifetime or to take effect upon death,
was  made  while the person was incapacitated or if the court determines
that there has been  a  breach  of  fiduciary  duty  by  the  previously
appointed  agent.  In such event, the court shall require that the agent
account to the guardian. The court shall  not,  however,  invalidate  or
revoke  a  will  or  a  codicil  of  an  incapacitated person during the
lifetime of such 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 › 81.33 - Intermediate and Final Report.

§ 81.33 Intermediate and final report.
(a)  A guardian may move in the court of his or her appointment for an
order permitting him or her to render an intermediate report to the date
of the filing thereof in a form prescribed  by  the  court  which  shall
include  the same information as is required under section 81.31 of this
article provided, however, that if the incapacitated person has died the
report need not include information  otherwise  required  in  paragraphs
five  and  six  of subdivision (b) of section 81.31 of this article. The
court may order the report to be filed with the clerk of the court on or
before a fixed date.
(b) When a guardian dies or is removed, suspended, discharged pursuant
to the provisions of this article, or allowed to resign, the court shall
order a final report in a form  prescribed  by  the  court  which  shall
include  the same information as is required under section 81.31 of this
article provided, however, that if the incapacitated person has died the
report need not include information  otherwise  required  in  paragraphs
five  and  six of subdivision (b) of section 81.31 of this article. When
such a report has been made in the course of a proceeding  to  remove  a
guardian, the court may dispense with a further report.
(c)  Notice  of  the  filing  of  a report under this section shall be
served upon the persons entitled to notice pursuant to  paragraph  three
of   subdivision   (c)   of  section  81.16  of  this  article.  If  the
incapacitated person is deceased, notice shall also be served  upon  his
or her executor or administrator, if any.
(d)  The  court  may  appoint counsel for the incapacitated person, if
living, for the protection of such person's rights  and  interests  with
regard  to  such  report.  The  court  may appoint a referee to hear the
matter and report to the court.
(e) Upon the motion for a confirmation of the report of  the  referee,
or   if   the  report  is  made  before  the  court,  upon  the  court's
determination, the report shall be judicially approved  and  filed.  The
compensation  of  the referee and of counsel shall be fixed by the court
and shall be payable out of  the  estate  of  the  incapacitated  person
unless it is determined that the incapacitated person is indigent.
(f)  If  the  incapacitated  person resides in a facility, a copy of a
report under this section shall  be  served  upon  the  chief  executive
officer  in  charge  of  that facility and upon the mental hygiene legal
service of the judicial department in which the residence is located.
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 › 81.34 - Decree on Filing Instruments Approving Accounts.

§ 81.34 Decree on filing instruments approving accounts.
(a)  The  guardian  or the personal representative of the guardian may
present to the court a petition showing the names and addresses  of  all
persons  entitled  to  receive  notice  pursuant  to  paragraph three of
subdivision (c) of section  81.16  of  this  article  and  the  personal
representative of the estate showing that, to the extent the guardian is
responsible for the property of the incapacitated person, all taxes have
been  paid  or  that  no taxes are due and that the petitioner has fully
reported and has made full disclosure in writing of all  the  guardian's
actions  affecting  the  property  of  the  incapacitated  person to all
persons interested and seeking a decree releasing  and  discharging  the
petitioner.  Upon the death of the incapacitated person, the guardian is
authorized to pay the funeral expenses of the incapacitated person  and,
in  the  absence  of  a  duly  appointed  personal representative of the
estate, pay estimated estate and income tax charges, as  well  as  other
charges of emergent nature.
(b)  The  petitioner shall also show that the incapacitated person has
died or that the guardian has died, or has been removed,  suspended,  or
discharged  pursuant  to  the  provisions of this article, or allowed to
resign.
(c) The petitioner shall also  file  with  the  petition  acknowledged
instruments  executed  by  all  persons  interested or in the case of an
infant, or incapacitated person  whose  claim  has  been  paid,  by  the
guardian,  or  guardian  receiving  payment, approving the report of the
petitioner and releasing and discharging the petitioner.
(d) The court may thereupon make a decree  releasing  and  discharging
the  petitioner  and  the  sureties on his or her bond, if any, from any
further liability to the persons interested.
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 › 81.35 - Removal of Guardian.

§ 81.35 Removal of guardian.
Upon  motion, the court appointing a guardian may remove such guardian
  when  the  guardian  fails  to  comply  with  an  order,  is  guilty  of
  misconduct, or for any other cause which to the court shall appear just.
  Notice of motion shall be served on the guardian and persons entitled to
  receive notice pursuant to paragraph three of subdivision (c) of section
  81.16  of  this  article. The motion may be made by the person examining
  initial and annual reports pursuant to section 81.32 of this article, or
  by any person entitled to commence  a  proceeding  under  this  article,
  including  the  incapacitated person. The court may fix the compensation
  of any attorney or person prosecuting the  motion.  It  may  compel  the
  guardian to pay personally the costs of the motion if granted.
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 › 81.36 - Discharge or Modification of Powers of Guardian.

§ 81.36 Discharge or modification of powers of guardian.
(a)  The  court appointing the guardian shall discharge such guardian,
or modify the powers of the guardian where appropriate, if it appears to
the satisfaction of the court that:
1. the incapacitated person has become able to exercise some or all of
the  powers  necessary  to  provide  for  personal  needs  or   property
management which the guardian is authorized to exercise;
2.  the  incapacitated  person  has  become  unable to exercise powers
necessary to provide for personal needs or property management which the
guardian is not authorized to exercise;
3. the incapacitated person has died; or
4. for some other reason, the appointment of the guardian is no longer
necessary for the incapacitated person, or the powers  of  the  guardian
should  be  modified  based  upon  changes  in  the circumstances of the
incapacitated person.
(b) The application for relief under this section may be made  by  the
guardian, the incapacitated person, or any person entitled to commence a
proceeding under this article.
(c)  There  shall  be  a  hearing on notice to the persons entitled to
notice pursuant to paragraph three of subdivision (c) of  section  81.16
of  this  article.  The court may for good cause shown dispense with the
hearing provided that an order of modification increasing the powers  of
the  guardian  shall set forth the factual basis for dispensing with the
hearing. If the incapacitated person or his or  her  counsel  raises  an
issue  of  fact as to the ability of the incapacitated person to provide
for his or her personal needs or property management and demands a  jury
trial of such issue, the court shall order a trial by jury thereof.
(d)  To  the  extent  that  relief  sought  under  this  section would
terminate  the  guardianship  or   restore   certain   powers   to   the
incapacitated  person,  the  burden  of  proof  shall  be  on the person
objecting to such relief. To the extent that relief  sought  under  this
section  would further limit the powers of the incapacitated person, the
burden shall be on the person seeking such relief.
(e) If the guardian is discharged  because  the  incapacitated  person
becomes  fully  able  to  care  for his or her property, the court shall
order that there be restored to such person the  property  remaining  in
the  hands  of  the  guardian.  If  the  incapacitated  person dies, the
guardian shall provide for such person's burial or other disposition the
cost of which shall be borne by the estate 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 › 81.37 - Resignation or Suspension of Powers of Guardian.

§ 81.37 Resignation or suspension of powers of guardian.
(a)  The  court appointing a guardian may allow the guardian to resign
or may suspend the powers of the guardian.
(b) Where a guardian is engaged in war service as defined  in  section
seven  hundred  seventeen  of  the  surrogate's court procedure act, the
court, upon motion by the guardian or any other  person  and  upon  such
notice  as  the court may direct, may suspend the powers of the guardian
until further order of the court. If the suspension will leave no  other
person  acting  as  guardian, the motion shall seek the appointment of a
successor. When the suspended guardian becomes able to serve, he or  she
may  be reinstated by the court upon motion and such notice as the court
may direct. If the suspended guardian is  reinstated,  the  court  shall
thereupon  discharge  his  or  her  successor,  who  may  be required to
account, and make any other order as justice requires.
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 › 81.38 - Vacancy in Office.

§ 81.38 Vacancy in office.
(a)  Interim  guardian.  A  vacancy  created  by  the  death, removal,
discharge, resignation, or suspension of a guardian shall be  filled  by
the  court.    Upon the application of any person entitled to commence a
proceeding under this  article,  the  court  shall  appoint  an  interim
guardian  who  shall  serve for a period of ninety days or until a final
accounting is filed and a successor guardian is appointed by the  court.
The  powers  and  duties  of  the interim guardian shall be specifically
enumerated in the order of appointment. The court may require service of
the order to show cause seeking the appointment of an  interim  guardian
on any persons it deems appropriate.
(b)  Standby guardian. At the time of the appointment of the guardian,
the court may in its discretion appoint a standby guardian to act in the
event that the guardian  shall  resign,  die,  be  removed,  discharged,
suspended,  or  become  incapacitated.  The  court  may  also appoint an
alternate and/or successive alternates to the standby guardian,  to  act
if  the  standby  guardian  shall  resign,  die, be removed, discharged,
suspended, or  become  incapacitated.  Such  standby  guardian,  or  the
alternate  in  the  event  of the standby guardian's resignation, death,
removal, discharge, suspension  or  adjudication  of  incapacity,  shall
without  further  proceedings  be  empowered  to  immediately assume the
duties  of  office  immediately  upon   resignation,   death,   removal,
discharge,  suspension or adjudication of incapacity, of the guardian or
the standby guardian as set forth in the order of  appointment,  subject
only  to  the  confirmation  of  appointment  by  the  court  sixty days
following the assumption of the duties of the office. Before  confirming
the  appointment  of a standby guardian, the court may conduct a hearing
in accordance with the provisions set forth in  section  81.11  of  this
article  upon  petition  of any person entitled to commence a proceeding
under 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 › 81.39 - Guardian Education Requirements.

§ 81.39 Guardian education requirements.
(a) Each incapacitated person is entitled to a guardian whom the court
finds to be sufficiently capable of performing the duties and exercising
the powers of a guardian necessary to protect the incapacitated person.
(b)  Each person appointed by the court to be a guardian must complete
a training program approved by the chief administrator which covers:
1. the legal duties and responsibilities of the guardian;
2. the rights of the incapacitated person;
3. the available resources to aid the incapacitated person;
4. an orientation to medical terminology, particularly that related to
the diagnostic and assessment procedures used to characterize the extent
and reversibility of any impairment;
5. the preparation of annual reports, including  financial  accounting
for the property and financial resources of the incapacitated person.
(c)  The  court  may,  in  its  discretion,  waive  some or all of the
requirements of this section or impose additional requirements. In doing
so, the court  shall  consider  the  experience  and  education  of  the
guardian  with respect to the training requirements of this section, the
duties and powers assigned  to  the  guardian,  and  the  needs  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 › 81.40 - Court Evaluator Education Requirements.

§ 81.40 Court evaluator education requirements.
(a)  Each  incapacitated  person is entitled to a court evaluator whom
the court finds to be sufficiently capable of performing the duties of a
court evaluator necessary to ensure that all  the  relevant  information
regarding  a petition for the appointment of a guardian comes before the
court and to assist the court  in  reaching  a  decision  regarding  the
appointment of a guardian.
(b)  Each  person  appointed  by  the  court  to  be an evaluator must
complete a training program approved by the  chief  administrator  which
covers:
1. the legal duties and responsibilities of the court evaluator;
2.  the  rights  of  the incapacitated person with emphasis on the due
process rights to aid the court evaluator  in  determining  his  or  her
recommendation  regarding  the appointment of counsel and the conduct of
the hearing;
3. the available resources to aid the incapacitated person;
4. an orientation to medical terminology, particularly that related to
the diagnostic and assessment procedures used to characterize the extent
and reversibility of any impairment;
5. entitlements;
6. psychological and social concerns  relating  to  the  disabled  and
frail older adults.
(c)  The  court  may,  in  its  discretion,  waive  some or all of the
requirements of this section or impose additional requirements. In doing
so, the court shall consider the experience and education of  the  court
evaluator with respect to the training requirements of this section.
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 › 81.41 - Court Examiner Education Requirements.

§ 81.41 Court examiner education requirements.
(a) Each incapacitated person is entitled to a thorough examination of
all reports required to be filed by the guardian.
(b)  Each  person  appointed pursuant to section 81.32 of this article
must complete a training program approved  by  the  chief  administrator
which  covers  the legal duties and responsibilities of the examiner and
of guardians.
(c) The court may, in  its  discretion,  waive  some  or  all  of  the
requirements  of  this  section or impose additional requirements. In so
doing, the court shall consider the  experience  and  education  of  the
court  examiner  with  respect  to  the  training  requirements  of this
section.
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 › 81.42 - Compliance.

§ 81.42 Compliance.
(a)  A  motion  to dismiss based on the alleged failure to comply with
any of the provisions of this article, other than  subparagraph  (i)  of
paragraph  one of subdivision (d) of section 81.07 of this article, must
be determined without regard to technical  mistakes,  deficiencies,  and
omissions  that  do  not  result  in  actual  prejudice that affects the
integrity of the proceeding.
(b) A judgment or order made pursuant to this article, unless reversed
on appeal, releases the guardian and the sureties from all claims of the
incapacitated person and/or any person affected thereby based on any act
or omission directly authorized, approved or confirmed in  the  judgment
or  order.  This  section  does not apply where the judgment or order is
obtained by fraud or conspiracy or by misrepresentation contained in the
notice, petition, account, or  in  the  judgment  or  order  as  to  any
material  fact. For purposes of this subdivision, misrepresentation of a
material fact includes but is not limited to the omission of a  material
fact.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.01 - Legislative Findings and Purpose.

* § 82.01 Legislative findings and purpose.
(a)  The  legislature  finds  that  a person's right to make their own
decisions is critical to their autonomy and  self-determination.  People
with    intellectual,    developmental,   cognitive   and   psychosocial
disabilities are often denied that right because of stigma and  outdated
beliefs  about  their  capability.  This  right  is  denied, despite the
reality that very few people  make  decisions  entirely  on  their  own.
Everyone  uses  supports,  as  do people with disabilities; who may just
need more or different kinds of supports.
(b) The legislature further  finds  that  the,  now  well  recognized,
practice of supported decision-making is a way in which many people with
disabilities  can  make  their  own decisions with the support they need
from trusted persons in their lives, and that supported  decision-making
can  be a less restrictive alternative to guardianship. Recognizing that
supported decision-making can take a variety of forms,  the  legislature
finds   that   a   more   formal   process,  resulting  in  a  supported
decision-making agreement between the  person  with  a  disability  (the
decision-maker) and their supporter or supporters, can provide the basis
for  requiring  third  parties,  who might otherwise question a person's
legal capacity because of their disability, to recognize their decisions
on the same basis as others. When this more formal process is  followed,
people  with  disabilities  can make choices confident that they will be
respected by others and knowing they  will  be  solely  responsible  for
their own decisions.
(c)  The  legislature further finds that supported decision-making and
supported  decision-making  agreements   should   be   encouraged   when
appropriate  for  persons with disabilities, and that the execution of a
supported decision-making agreement should not detrimentally impact  the
eligibility  of  a person for other services, including adult protective
services.
(d) The legislature also strongly urges relevant  state  agencies  and
civil society to research and develop appropriate and effective means of
support for older persons with cognitive decline, persons with traumatic
brain injuries, and persons with psychosocial disabilities, so that full
legislative  recognition can also be accorded to the decisions made with
supported decision-making agreements by persons  with  such  conditions,
based  on a consensus about what kinds of support are most effective and
how they can best be delivered.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.03 - Presumption of Capacity.

* § 82.03 Presumption of capacity.
(a) For the purposes of this article, every adult shall be presumed to
have  the  capacity to enter into a supported decision-making agreement,
unless that adult  has  a  legal  guardian,  appointed  by  a  court  of
competent  jurisdiction, whose granted authority is in conflict with the
proposed supported decision-making agreement. This  presumption  may  be
rebutted only by clear and convincing evidence.
(b)  Capacity  shall  include  capacity  with  decision-making support
and/or accommodations.
(c) A diagnosis of a developmental or other  disability  or  condition
shall not constitute evidence of incapacity.
(d)  The  manner  in which an adult communicates with others shall not
constitute evidence of incapacity.
(e) Neither the execution of a supported decision-making agreement  by
an  individual,  nor  the  interest  in  or  wish to execute a supported
decision-making agreement by  an  individual,  nor  the  failure  of  an
individual  to execute a supported decision-making agreement may be used
or considered as evidence that the individual lacks capacity, or to deny
the decision-maker  benefits  to  which  they  are  otherwise  entitled,
including adult protective services.
(f)  A decision-maker may make and execute a supported decision-making
agreement, if the decision-maker understands that they  are  making  and
executing  an  agreement  with their chosen supporters and that they are
doing so voluntarily.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.06 - Formation and Term of Agreement.

* § 82.06 Formation and term of agreement.
(a)  An  adult may enter into a supported decision-making agreement at
any time if the adult enters into the agreement voluntarily.
(b) A decision-maker may sign a supported decision-making agreement in
any manner, including  electronic  signatures  permitted  under  article
three of the state technology law.
(c)  A supported decision-making agreement formed under the provisions
of this article shall remain in effect unless and until revoked  by  the
decision-maker.
* NB  Effective  90  days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York  State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.07 - Revocation and Amendment of Agreement.

* § 82.07 Revocation and amendment of agreement.
(a)  The  decision-maker  may  revoke  all  or  part  of  a  supported
decision-making agreement by  notifying  the  supporters  orally  or  in
writing,  or  by  any other act evincing a specific intent to revoke the
agreement. The failure of the decision-maker to notify supporters  shall
not   invalidate  the  revocation  of  all  or  part  of  the  supported
decision-making agreement.
(b) A decision-maker may amend a supported  decision-making  agreement
at any time for any reason, subject to the requirements of this section.
The  decision-maker shall notify all supporters of any amendment made to
the supported decision-making agreement, but the failure to do so  shall
not invalidate the amendment.
* NB  Effective  90  days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York  State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.08 - Eligibility and Resignation of Supporters.

* § 82.08 Eligibility and resignation of supporters.
(a)  A  supporter  shall be any adult chosen by the decision-maker; if
the supporter chosen by the decision-maker is an employee of a  provider
from  whom  the  decision-maker  receives services, the employee and the
provider  shall  follow  the  requirements  set   out   in   regulations
promulgated by the office for people with developmental disabilities, or
other  appropriate  regulatory  body  which address those circumstances,
with attention paid to relative labor law and employment obligations and
possible conflicts of interest  or  the  appearance  of  a  conflict  of
interest.
(b)  An  individual  who has been chosen by the decision-maker to be a
supporter, or who has entered into a supported decision-making agreement
as a supporter, shall be deemed ineligible to act, or continue to  serve
as supporter upon the occurrence of any of the following:
1.  a court authorizes a protective order or restraining order against
the supporter on request of or on behalf of the decision-maker; or
2. the  local  department  of  social  services  has  found  that  the
supporter  has  committed  abuse,  neglect,  financial  exploitation, or
physical coercion against the decision-maker as such terms  are  defined
in section 82.02 of this article.
(c)  A  supporter may resign as supporter by written or oral notice to
the decision-maker and the remaining supporters.
(d) If the supported decision-making agreement includes more than  one
supporter or is amended to replace the supporter who is ineligible under
subdivision (b) of this section or resigns under subdivision (c) of this
section,  the  supported decision-making agreement shall survive for the
remaining supporters, unless it is otherwise revoked under section 82.07
of this article.
(e) If the supported decision-making agreement does not  include  more
than  one  supporter,  and  is  not amended to replace the supporter who
becomes ineligible under subdivision (b)  of  this  section  or  resigns
under  subdivision  (c)  of  this section, the supported decision-making
agreement shall be considered terminated.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.09 - Facilitation of Agreement.

* § 82.09 Facilitation of agreement.
The  provisions  of  section 82.11 and subdivisions (b) through (d) of
  section 82.12 of this article shall only apply in circumstances where  a
  decision   is   made   by  a  decision-maker  pursuant  to  a  supported
  decision-making agreement created in accordance with this article  where
  such  decision-maker  and his or her supporter or supporters have worked
  with a  facilitator,  such  supporter  or  supporters  have  followed  a
  recognized  supported  decision-making facilitation or education process
  as defined and prescribed by regulations promulgated by the  office  for
  people  with  developmental disabilities and such facilitator has signed
  such agreement.
* NB Effective 90 days from the date that the  regulations  issued  in
  accordance  with § 1 of chapter 481 of 2022 appear in the New York State
  Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.10 - Form of Agreement.

* § 82.10 Form of agreement.
(a)   A  supported  decision-making  agreement  may  be  in  any  form
consistent with the requirements set forth in this article.
(b) A supported decision-making agreement must:
1. be in writing;
2. be dated;
3. designate the decision-maker, and at least one supporter;
4. list  the  categories  of  decisions  with  which  a  supporter  is
authorized to assist the decision-maker;
5.  list  the  kinds  of support that each supporter may give for each
area in which they are designated as a supporter;
6. contain an attestation that the supporters agree to honor the right
of the decision-maker to make their own decisions in the ways and  areas
specified in the agreement, respect the decision-maker's decisions, and,
further, that they will not make decisions for the decision-maker;
7.  state  that  the  decision-maker  may change, amend, or revoke the
supported decision-making agreement at any time for any reason,  subject
to the requirements of section 82.06 of this article;
8. be signed by all designated supporters; and
9. be executed or endorsed by the decision-maker in the presence of at
least  two adult witnesses who are not also designated as supporters, or
with the attestation of a notary public.
(c) A supported decision-making agreement may:
1. appoint more than one supporter;
2. authorize a supporter to obtain personal information  as  described
in subdivision (e) of section 82.05 of this article;
3. authorize a supporter to share information with any other supporter
or others named in the agreement; or
4.  detail  any  other  limitations on the scope of a supporter's role
that the decision-maker deems important.
(d) In order to be subject to the  provisions  of  section  82.11  and
subdivisions  (b)  through  (d)  of  section  82.12  of  this article, a
supported decision-making agreement must also:
1. be signed by a facilitator or educator;
2. include a statement that the  supported  decision-making  agreement
was  made  in accordance with a recognized facilitation and/or education
process; and
3. include an  attached  attestation  by  the  decision-maker  that  a
particular  decision  has  been  made  in  accordance  with  the support
described in the supported decision-making agreement.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.11 - Legal Effect of Decisions Made With Support and Third Party Obligations.

* § 82.11 Legal  effect  of  decisions made with support and third party
obligations.
(a) This section shall  apply  only  to  decisions  made  pursuant  to
supported  decision-making  agreements  created  in accordance with this
article   and   following   a   recognized   supported   decision-making
facilitation   or   education  process,  as  prescribed  by  regulations
governing the facilitation and education processes  promulgated  by  the
office  for  people  with developmental disabilities. Additionally, such
decisions shall be signed by a facilitator.
(b) A decision or request made or  communicated  by  a  decision-maker
with  the assistance of a supporter in accordance with the provisions of
a supported decision-making agreement must,  notwithstanding  any  other
provision  of  law,  be  recognized  as  the  decision or request of the
decision-maker and may be enforced  by  the  decision-maker  in  law  or
equity on the same basis as all others.
(c)  A  person,  entity,  or  agency required to recognize and honor a
decision  made  pursuant  to  a  supported   decision-making   agreement
authorized  by this section may require the decision-maker to execute or
endorse an attestation, as provided in paragraph  three  of  subdivision
(d)  of section 82.10 of this article, as a condition of recognizing and
honoring the decision.
(d)  A  person,  entity,  or  agency   that   receives   a   supported
decision-making  agreement must honor a decision made in accordance with
the agreement, unless the person,  entity,  or  agency  has  substantial
cause  to  believe  the  supported  decision-making  agreement  has been
revoked,  or  the  decision-maker  is  being  abused,  coerced,   unduly
influenced,  or  financially  exploited  by  the  supporter, or that the
decision will cause the decision-maker substantial and imminent physical
or financial harm.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.13 - Supporter Notice.

* § 82.13 Supporter notice.
(a)  If any state or municipal law requires that an agency, entity, or
person provide a prescribed notice to a decision-maker, and the  agency,
entity,  or  person  required  to  provide  such  notice  has received a
supported decision-making agreement from a decision-maker that specifies
that a supporter is also to receive a copy of any such notice, then  the
agency, entity, or person in possession of the supported decision-making
agreement shall also provide the specified supporter with a copy of such
notice.
(b) Notwithstanding the provisions of this subsection, if any state or
municipal  law  requires  that  an  agency,  entity, or person provide a
prescribed notice to a decision-maker and such notice includes protected
information, including private health information or educational records
protected by state or federal law, such notice shall not be provided  to
the  specified  supporter unless the supported decision-making agreement
is accompanied by a  release  authorizing  the  specified  supporter  to
obtain the protected information.
* NB  Effective  90  days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York  State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.14 - Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation.

* § 82.14 Reporting  abuse,  coercion,  undue  influence,  or  financial
exploitation.
(a) Any person who  receives  a  copy  of  or  an  original  supported
decision-making agreement and has cause to believe the decision-maker is
being   abused,  physically  coerced,  or  financially  exploited  by  a
supporter, may report the alleged abuse, physical coercion, or financial
exploitation to adult  protective  services  pursuant  to  section  four
hundred seventy-three of the social services law.
(b)  Nothing  in  this  section  may  be  construed  as eliminating or
limiting a person's duty  or  requirement  to  report  under  any  other
statute or regulation.
* NB  Effective  90  days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York  State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.15 - Rules and Regulations.

* § 82.15 Rules and regulations.
(a)  The  commissioner  of  the  office  for people with developmental
disabilities shall promulgate within one year of the passage of this act
the rules and regulations necessary to implement this article for adults
who receive or are eligible  to  receive  services  that  are  operated,
certified,   funded   or   approved   by  the  office  for  people  with
developmental disabilities.
(b) Additional regulations related to this article may be  promulgated
by  state  agencies  whose  service  populations  may  benefit  from the
implementation of supported decision-making.
* NB Effective 90 days from the date that the  regulations  issued  in
accordance  with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.05 - International Application of This Article.

§ 83.05 International application of this article.
A  court  of  this  state  may treat a foreign country as if it were a
  state for the purpose of applying sections 83.01 through 83.37  of  this
  article.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.07 - Communication Between Courts.

§ 83.07 Communication between courts.
(a)  A  court  of  this  state may communicate with a court in another
state concerning a proceeding arising under this article. The court  may
allow the parties to participate in the communication.
(b)   If   the   parties   are  not  allowed  to  participate  in  the
communication, the court shall  give  all  parties  the  opportunity  to
present  facts  and  legal  arguments  before  the court issues an order
establishing jurisdiction.
(c) Except as otherwise provided in subdivision (d) of  this  section,
the  court  shall  make a record of any communication under this section
and promptly inform the parties of  the  communication  and  grant  them
access to the record.
(d)  Courts  may  communicate  concerning  schedules, calendars, court
records and other administrative matters without making a record.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.09 - Cooperation Between Courts.

§ 83.09 Cooperation between courts.
(a) In a proceeding for the appointment of a guardian of the person or
protective  proceeding  in this state, a court of this state may request
the appropriate court of another state to do any of the following:
1. hold an evidentiary hearing;
2. order a person in that state to produce evidence or give  testimony
pursuant to procedures of that state;
3. order that an evaluation or assessment be made of the respondent;
4.  order  any  appropriate  investigation  of  a person involved in a
proceeding;
5. forward to the  court  of  this  state  a  certified  copy  of  the
transcript  or  other  record  of  a hearing under paragraph one of this
subdivision or any other proceeding,  any  evidence  otherwise  produced
under   paragraph  two  of  this  subdivision,  and  any  evaluation  or
assessment prepared in compliance with an order under paragraph three or
four of this subdivision;
6.  issue  any  order  necessary  to  assure  the  appearance  in  the
proceeding of a person whose presence is necessary for the court to make
a  determination,  including  the  respondent or the person subject to a
guardianship of the person or protected person; and
7. issue an order  authorizing  the  release  of  medical,  financial,
criminal,  or  other  relevant  information  in  that  state,  including
protected health information.
(b)  The  court  may  receive  any  evidence  produced   pursuant   to
subdivision  (a)  of this section in the same manner that it would admit
into evidence the report of a court evaluator after the court  evaluator
had been subject to cross examination;
(c)  If a court of another state in which a guardianship or protective
proceeding is pending  requests  assistance  of  the  kind  provided  in
subdivision  (a) of this section, a court of this state has jurisdiction
for the limited purpose of granting the  request  or  making  reasonable
efforts to comply with the request.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.11 - Taking Testimony in Another State.

§ 83.11 Taking testimony in another state.
(a) In a proceeding for the appointment of a guardian of the person or
protective  proceeding,  in  addition  to  other  procedures that may be
available, testimony of a witness who is located in another state may be
offered by deposition  or  other  means  allowable  in  this  state  for
testimony  taken in another state. The court on its own motion may order
that the testimony of a witness  be  taken  in  another  state  and  may
prescribe  the manner in which and the terms upon which the testimony is
to be taken.
(b) In a proceeding for the appointment of a guardian of the person or
protective proceeding, a court  in  this  state  may  permit  a  witness
located  in  another  state  to be deposed or to testify by telephone or
audiovisual or other electronic means.  A  court  of  this  state  shall
cooperate   with  the  court  of  the  other  state  in  designating  an
appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court  of
this  state  by  technological  means  that  do  not produce an original
writing may not be excluded from evidence on an objection based  on  the
best evidence rule.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.13 - Significant Connection Factors.

§ 83.13 Significant connection factors.
In  determining  under  section  83.17  and subdivision (e) of section
83.31 of this article whether a respondent has a significant  connection
with a particular state, the court shall consider:
(a) the location of the respondent's family and other persons required
to be notified of the proceeding;
(b)  the  length  of  time  the  respondent at any time was physically
present in the state and the duration of any absence;
(c) the location of the respondent's property; and
(d) the extent to which the respondent has ties to the state  such  as
voting   registration,   state  or  local  tax  return  filing,  vehicle
registration, driver's license,  social  relationship,  and  receipt  of
services.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.15 - Exclusive Basis.

§ 83.15 Exclusive basis.
Subject  to  section  81.18  of  this title, this article provides the
  exclusive jurisdictional basis for a court of this state  to  appoint  a
  guardian of the person or issue a protective order for an adult.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.17 - Jurisdiction.

§ 83.17 Jurisdiction.
A  court  of  this state has jurisdiction to appoint a guardian of the
person or issue a protective order for a respondent if:
(a) the state is the respondent's home state;
(b)  on  the  date  the  petition  is   filed,   this   state   is   a
significant-connection state and:
1.  the  respondent  does  not  have  a  home  state or a court of the
respondent's home state has declined to  exercise  jurisdiction  because
this state is a more appropriate forum; or
2.  the  respondent has a home state, a petition for an appointment or
order is not pending in a court of that  state  or  another  significant
connection  state,  and before the court makes the appointment or issues
the order:
(i) a petition for an  appointment  or  order  is  not  filed  in  the
respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person
required to be notified of the proceeding; and
(iii)  the  court  in  this  state concludes that it is an appropriate
forum under the factors set forth in section 83.23 of this article;
(c) this state does not have jurisdiction under either subdivision (a)
or  (b)  of  this  section,  the  respondent's  home   state   and   all
significant-connection  states  have  declined  to exercise jurisdiction
because this state is the more appropriate forum,  and  jurisdiction  in
this  state  is  consistent with the constitutions of this state and the
United States; or
(d) the requirements for special jurisdiction under section  83.19  of
this article are met.