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 › 81.15 - Findings.

§ 81.15 Findings.
(a)  Where  the  court  determines  that  the  person  agrees  to  the
appointment and that the appointment is necessary, the court shall  make
the following findings on the record:
1. the person's agreement to the appointment;
2.  the  person's  functional  limitations  which  impair the person's
ability to provide for personal needs or property management;
3. the necessity of the appointment  of  a  guardian  as  a  means  of
providing for personal needs and/or property management for the person;
4.  the  specific  powers  of  the guardian which constitute the least
restrictive form of intervention consistent with the person's functional
limitations; and
5. the duration of the appointment.
(b) Where the petition requests  the  appointment  of  a  guardian  to
provide  for the personal needs for a person alleged to be incapacitated
and the court determines that such person is incapacitated and that  the
appointment is necessary, the court shall make the following findings on
the record:
1.  the  person's  functional  limitations  which  impair the person's
ability to provide for personal needs;
2. the person's lack of understanding and appreciation of  the  nature
and consequences of his or her functional limitations;
3.  the  likelihood  that  the  person will suffer harm because of the
person's functional limitations and inability to  adequately  understand
and   appreciate   the   nature  and  consequences  of  such  functional
limitations;
4. the necessity of the appointment of  a  guardian  to  prevent  such
harm;
5.  the  specific  powers  of  the guardian which constitute the least
restrictive form of intervention consistent with the  findings  of  this
subdivision;
6. the duration of the appointment; and
7.  whether  the  incapacitated  person  should  receive copies of the
initial and annual report.
(c) Where the petition requests the  appointment  of  a  guardian  for
property  management for the person alleged to be incapacitated, and the
court  determines  that  the  person  is  incapacitated  and  that   the
appointment  of  a  guardian  is  necessary,  the  court  shall make the
following findings on the record:
1. the type and amount of the property and financial resources of  the
person alleged to be incapacitated;
2.  the  person's  functional  limitations  which  impair the person's
ability with respect to property management;
3. the person's lack of understanding and appreciation of  the  nature
and consequences of his or her functional limitations;
4.  the  likelihood  that  the  person will suffer harm because of the
person's functional limitations and inability to  adequately  understand
and   appreciate   the   nature  and  consequences  of  such  functional
limitations;
5. any additional findings that are required under  section  81.21  of
this article;
6.  the  necessity  of  the  appointment of a guardian to prevent such
harm;
7. if so, the specific powers of the  guardian  which  constitute  the
least  restrictive  form  of  intervention  consistent with the person's
functional limitations  and  the  likelihood  of  harm  because  of  the
person's  inability  to  adequately understand and appreciate the nature
and consequences of such functional limitations;
8. the duration of the appointment; and
9.  whether  the  incapacitated  person  should  receive copies of the
initial and annual report.