N.Y. Mental Hygiene Law 81.15 – Findings
§ 81.15 Findings.
Terms Used In N.Y. Mental Hygiene Law 81.15
- functional limitations: means behavior or conditions of a person which impair the ability to provide for personal needs and/or property management. See N.Y. Mental Hygiene Law 81.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- guardian: means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate's court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management. See N.Y. Mental Hygiene Law 81.03
- least restrictive form of intervention: means that the powers granted by the court to the guardian with respect to the incapacitated person represent only those powers which are necessary to provide for that person's personal needs and/or property management and which are consistent with affording that person the greatest amount of independence and self-determination in light of that person's understanding and appreciation of the nature and consequences of his or her functional limitations. See N.Y. Mental Hygiene Law 81.03
- personal needs: means needs such as, but not limited to, food, clothing, shelter, health care, and safety. See N.Y. Mental Hygiene Law 81.03
- property management: means taking actions to obtain, administer, protect, and dispose of real and personal property, intangible property, business property, benefits, and income and to deal with financial affairs. See N.Y. Mental Hygiene Law 81.03
(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.