N.Y. Surr. Ct. Proc. Act § 1750
Guardianship of persons who are intellectually disabled When it shall appear to the satisfaction of the court that a person is a person w..
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 1750. Guardianship of mentally retarded persons\n When it shall appear to the satisfaction of the court that a person is\na mentally retarded person, the court is authorized to appoint a\nguardian of the person or of the property or of both if such appointment\nof a guardian or guardians is in the best interest of the mentally\nretarded person. Such appointment shall be made pursuant to the\nprovisions of this article, provided however that the provisions of\nsection seventeen hundred fifty-a of this article shall not apply to the\nappointment of a guardian or guardians of a mentally retarded person.\n 1. For the purposes of this article, a mentally retarded person is a\nperson who has been certified by one licensed physician and one licensed\npsychologist, or by two licensed physicians at least one of whom is\nfamiliar with or has professional knowledge in the care and treatment of\npersons with mental retardation, having qualifications to make such\ncertification, as being incapable to manage him or herself and/or his or\nher affairs by reason of mental retardation and that such condition is\npermanent in nature or likely to continue indefinitely.\n 2. Every such certification pursuant to subdivision one of this\nsection, made on or after the effective date of this subdivision, shall\ninclude a specific determination by such physician and psychologist, or\nby such physicians, as to whether the mentally retarded person has the\ncapacity to make health care decisions, as defined by subdivision three\nof section twenty-nine hundred eighty of the public health law, for\nhimself or herself. A determination that the mentally retarded person\nhas the capacity to make health care decisions shall not preclude the\nappointment of a guardian pursuant to this section to make other\ndecisions on behalf of the mentally retarded person. The absence of this\ndetermination in the case of guardians appointed prior to the effective\ndate of this subdivision shall not preclude such guardians from making\nhealth care decisions.\n
§ 1750. Guardianship of persons who are intellectually disabled\n When it shall appear to the satisfaction of the court that a person is\na person who is intellectually disabled, the court is authorized to\nappoint a guardian of the person or of the property or of both if such\nappointment of a guardian or guardians is in the best interest of the\nperson who is intellectually disabled. Such appointment shall be made\npursuant to the provisions of this article, provided however that the\nprovisions of section seventeen hundred fifty-a of this article shall\nnot apply to the appointment of a guardian or guardians of a person who\nis intellectually disabled.\n 1. For the purposes of this article, a person who is intellectually\ndisabled is a person who has been certified by one licensed physician\nand one licensed psychologist, or by two licensed physicians at least\none of whom is familiar with or has professional knowledge in the care\nand treatment of persons with an intellectual disability, having\nqualifications to make such certification, as being incapable to manage\nhim or herself and/or his or her affairs by reason of intellectual\ndisability and that such condition is permanent in nature or likely to\ncontinue indefinitely.\n 2. Every such certification pursuant to subdivision one of this\nsection, made on or after the effective date of this subdivision, shall\ninclude a specific determination by such physician and psychologist, or\nby such physicians, as to whether the person who is intellectually\ndisabled has the capacity to make health care decisions, as defined by\nsubdivision three of section twenty-nine hundred eighty of the public\nhealth law, for himself or herself. A determination that the person who\nis intellectually disabled has the capacity to make health care\ndecisions shall not preclude the appointment of a guardian pursuant to\nthis section to make other decisions on behalf of the person who is\nintellectually disabled. The absence of this determination in the case\nof guardians appointed prior to the effective date of this subdivision\nshall not preclude such guardians from making health care decisions.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.