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 › 81.22 - Powers of Guardian; Personal Needs.

§ 81.22 Powers of guardian; personal needs.
(a)  Consistent  with  the functional limitations of the incapacitated
person, that person's understanding and appreciation of the harm that he
or she is likely to suffer as the result of the inability to provide for
personal needs, and that  person's  personal  wishes,  preferences,  and
desires  with regard to managing the activities of daily living, and the
least restrictive form of intervention,  the  court  may  grant  to  the
guardian  powers  necessary  and  sufficient to provide for the personal
needs of the incapacitated person. Those powers  which  may  be  granted
include, but are not limited to, the power to:
1. determine who shall provide personal care or assistance;
2.  make  decisions  regarding  social  environment  and  other social
aspects of the life of the incapacitated person;
3. determine whether the incapacitated person should travel;
4. determine whether the incapacitated person should possess a license
to drive;
5. authorize access to or release of confidential records;
6. make decisions regarding education;
7. apply for government and private benefits;
8. (i) for decisions in hospitals as defined by  subdivision  eighteen
of  section  twenty-nine hundred ninety-four-a of the public health law,
act as the patient's  surrogate  pursuant  to  and  subject  to  article
twenty-nine-CC  of  the  public  health  law,  and  (ii)  in  all  other
circumstances, to consent to or refuse  generally  accepted  routine  or
major  medical  or  dental  treatment,  subject  to  the decision-making
standard  in   subdivision   four   of   section   twenty-nine   hundred
ninety-four-d of the public health law;
9.  choose  the place of abode; the choice of abode must be consistent
with the findings under section 81.15 of this article, the existence  of
and   availability  of  family,  friends  and  social  services  in  the
community, the care, comfort and  maintenance,  and  where  appropriate,
rehabilitation of the incapacitated person, the needs of those with whom
the  incapacitated person resides; placement of the incapacitated person
in a nursing home or  residential  care  facility  as  those  terms  are
defined  in  section two thousand eight hundred one of the public health
law, or other similar facility  shall  not  be  authorized  without  the
consent  of  the  incapacitated person so long as it is reasonable under
the circumstances to maintain the incapacitated person in the community,
preferably in the home of the incapacitated person.
(b) No guardian may:
1. consent to the  voluntary  formal  or  informal  admission  of  the
incapacitated  person to a mental hygiene facility under article nine or
fifteen of this chapter or  to  a  chemical  dependence  facility  under
article twenty-two of this chapter;
2.  revoke  any  appointment  or  delegation made by the incapacitated
person pursuant to sections 5-1501, 5-1601 and  5-1602  of  the  general
obligations  law,  sections two thousand nine hundred sixty-five and two
thousand nine hundred eighty-one of the public health law, or any living
will.