Title MHY, Mental Hygiene

§ 75.13 Powers and limitations of a company.\n (a) Except as is inconsistent with the provisions of this article, a\ncompany shall have, in carrying out the purposes of this article, the\npowers conferred on corporations by the not-for-profit corporation law\nand shall be subject…

§ 75.15 Members, officers, and directors.\n No member or director of a company shall receive any salary or other\ncompensation for services as such member or director, other than\nreimbursement of actual and necessary expenses incurred in the\nperformance of his duties. No member…

§ 75.17 Mortgage loans.\n (a) Any company formed under this article may, subject to the approval\nof the commissioner, borrow funds from the New York state housing\nfinance agency and secure the repayment thereof by bond or note and\nmortgage which shall contain such terms and co…

§ 75.19 Conditions and security for loans.\n No loan shall be made by the New York state housing finance agency to\na company until the commissioner has approved the project and finds\nthat:\n 1. The company has complied with all of the provisions of this article\nand all applica…

§ 75.21 Rates and fees.\n A company shall, with the approval of the commissioner, fix maximum\nrates and fees to be charged in-patients or out-patients of each project\nfor the facilities and services provided by the company to such\nin-patients or out-patients, the average of su…

§ 75.23 Transfer of real property.\n Notwithstanding any requirement of law to the contrary or any\nprovision of any general, special or local law, charter or ordinance,\nevery executor, administrator, trustee, guardian, or other person\nholding trust funds or acting in a fiducia…

§ 75.25 Supervision and regulation.\n (a) The commissioner may from time to time make, alter, amend, and\nrepeal rules and regulations for the supervision, examination,\nregulation, and audit of companies and for carrying into effect the\nprovisions and purposes of this article, …

§ 75.27 Voluntary dissolution.\n At any time after the expiration of twenty years after the occupancy\ndate, or such earlier date as the bonds issued by the New York state\nhousing finance agency with respect to the project are subject to\nredemption, a company may be voluntarily…

§ 75.29 Foreclosures and judgments.\n (a) In any foreclosure action the commissioner shall be made a party\ndefendant. He shall take all steps necessary to protect the interests of\nthe public therein and no costs shall be awarded against him.\nForeclosures shall not be decreed u…

§ 75.33 Fees and charges.\n The commissioner may by regulation establish and charge to any company\nsuch fees and charges for inspection, regulation, supervision, and audit\nas to the commissioner may appear just and reasonable in order to\nrecover the departmental costs in perfo…

§ 75.35 Separability.\n If any clause, sentence, paragraph, or part of this article shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair, or invalidate the remainder thereof,\nbut shall be confined in its operation to th…

§ 79.01 Definitions. As used in this article:\n The term "person" includes a partnership, corporation, or an\nassociation.\n The term "administration" means the United States veterans'\nadministration or its successor.\n The terms "estate" and "income" shall include only moneys r…

§ 79.03 Application.\n Whenever, pursuant to any law of the United States or regulation of\nthe administration, the director requires, prior to payment of benefits,\nthat a guardian be appointed for a ward, such appointment shall be made\nin the manner hereinafter provided. The p…

§ 79.05 Limitations on number of wards.\n Except as hereinafter provided it shall be unlawful for any person to\naccept appointment as guardian of any ward if such proposed guardian\nshall at that time be acting as guardian for five wards. In any case\nupon presentation of a peti…

§ 79.07 Petition; contents.\n A petition for the appointment of a guardian for an incompetent or\nconservatee ward may be filed in the supreme court or in the county\ncourt pursuant to jurisdiction given in the laws of the state, by or on\nbehalf of any person who, under the laws…

§ 79.09 Consolidated procedure.\n Upon petition for the appointment of a guardian the court may appoint\nsuch guardian to receive not only benefits from the veterans'\nadministration and income from such benefits, but such other property of\nthe ward to which he may be entitled a…

§ 79.11 Prima facie evidence of infancy or incompetency.\n (a) Where a petition is filed for the appointment of a guardian of an\ninfant ward, a certificate of the director, or his representative,\nsetting forth the age of such infant as shown by the records of the\nadministratio…

§ 79.13 Notice.\n (a) Upon the filing of a petition for the appointment of a guardian\nunder the provisions of this article, the court shall cause the same\nnotice to be given that is required by this chapter when the appointment\nis being made for an incompetent and by the surro…

§ 79.15 Bonds; sureties.\n Before making an appointment under the provisions of this article the\ncourt shall be satisfied that the guardian, whose appointment is sought,\nis a fit and proper person to be appointed. Upon the appointment being\nmade the guardian shall execute and …

§ 79.17 Accounts.\n (a) Every guardian or committee, whether appointed under this article\nor under any other law of this state, who shall receive or has received\non account of his ward any moneys from the administration or income from\nsuch moneys shall file annually with the c…

§ 79.19 Removal of guardian for failure to account or for other reasons.\n If any guardian shall fail to file any account of the moneys received\nby him from the administration on account of his ward within thirty days\nafter such account is required by either the court or the\na…

§ 79.21 Compensation of guardian.\n (a) Where a guardian has received only the benefits from the\nadministration or income from such benefits, compensation payable to the\nguardian for administering the estate of a ward shall be fixed by the\ncourt not to exceed five per centum o…

§ 79.23 Investments by guardians.\n (a) A guardian of an infant ward, in the investment both of the funds\nof the estate and of other property of the infant which he may receive,\nshall be governed by the laws which govern investments by a guardian of\nan infant who has executed …

§ 79.25 Maintenance and support.\n A guardian shall not apply any portion of the estate of his ward for\nthe support and maintenance of any person other than his ward, except\nupon order of the court after a hearing, notice of which has been given\nthe proper office of the admini…

§ 79.27 Filing and recording of papers and copies of public records to\n be furnished.\n The official, charged with the responsibility of receiving public\nrecords for filing and recording, shall receive any such public records\npertaining to the appointment, discharge, or remova…

§ 79.29 Admission and retention of mentally ill veterans.\n Whenever it appears that a mentally ill veteran of any war, military\noccupation or expedition is eligible for treatment in a United States\nveterans' administration hospital or that a mentally ill seaman or other\nperso…

§ 79.31 Discharge of guardian.\n (a) When a minor ward for whom a guardian has been appointed under the\nprovisions of this article or other laws of this state shall have\nattained his or her majority, and if incompetent, shall be declared\ncompetent by the administration and the…

§ 79.33 Liberal construction.\n This article shall be construed liberally to secure the beneficial\nintents and purposes thereof.\n

§ 79.35 Uniformity of construction.\n This article shall be so interpreted and construed as to effectuate\nits general purpose to make uniform the law of those states which enact\nit.\n

§ 79.37 Invalidity of part of article.\n The invalidity of any portion of this article shall not affect the\nvalidity of any other portion thereof which can be given effect without\nsuch invalid part.\n

§ 79.39 Recognition of veterans' administration as a party in interest.\n (a) With respect to benefits from the administration or the income\ntherefrom, the administrator of the United States veterans'\nadministration or his duly authorized attorney, for the purpose of\nbringing …

§ 79.41 Funds to be kept separate.\n Every guardian shall keep the funds received by him in his capacity as\nguardian separate and distinct from his own personal funds and property.\nHe shall not invest the same or deposit the same with any person,\nassociation or corporation doi…

§ 79.43 Notice of pendency of proceeding; effect.\n In all proceedings taken under this article, if real property or any\ninterest therein is intended to be affected, the petitioner shall file\nin the clerk's office of each county where the property is situated a\nnotice of the p…

§ 80.01 Legislative findings and purpose.\n The legislature hereby finds and declares that timely access to health\ncare for people who are mentally disabled is an important objective for\nNew York state; that the autonomy of persons with decision-making\ncapacity to make health …

§ 80.03 Definitions.\n When used in this article:\n (a) "Major medical treatment" means a medical, surgical or diagnostic\nintervention or procedures where a general anesthetic is used or which\ninvolves any significant risk or any significant invasion of bodily\nintegrity requir…

§ 80.05 Surrogate decision-making committees and panels; organization.\n (a) Surrogate decision-making committees of at least twelve persons\nshall be established by the commission in geographic areas of the state,\nas may be designated by the commission. A committee designated a…

§ 80.07 Procedures of the committees and panels.\n (a) The committee shall receive declarations filed on behalf of\npatients, as follows:\n 1. A declaration may be filed by a declarant on behalf of any patient,\nresiding within the geographic area served by the committee, who is\…

§ 80.09 Right of appeal; temporary restraining order.\n The patient, declarant, a parent, spouse, adult child, conservator,\nlegal guardian, committee of the person, or other available surrogate\nauthorized by regulation in accordance with section 33.03 of this\nchapter or corres…

§ 80.11 Effect of determination that a person is in need of surrogate\n decision-making.\n The determination by a panel that a patient is in need of surrogate\ndecision-making under this article shall not be construed or deemed to\nbe a determination that such person is impaired …

§ 80.13 Committee reports.\n The chairman of each committee shall provide a quarterly report on the\nactivities of the committee and its panels to the commission on quality\nof care for the mentally disabled. Such report shall provide all\ninformation in the manner and form reque…

§ 81.01 Legislative findings and purpose.\n The legislature hereby finds that the needs of persons with\nincapacities are as diverse and complex as they are unique to the\nindividual. The current system of conservatorship and committee does not\nprovide the necessary flexibility …

§ 81.02 Power to appoint a guardian of the person and/or property;\n standard for appointment.\n (a) The court may appoint a guardian for a person if the court\ndetermines:\n 1. that the appointment is necessary to provide for the personal needs\nof that person, including food, c…

§ 81.03 Definitions.\n When used in this article,\n (a) "guardian" means a person who is eighteen years of age or older, a\ncorporation, or a public agency, including a local department of social\nservices, appointed in accordance with terms of this article by the\nsupreme court,…

§ 81.04 Jurisdiction.\n (a) If after a hearing or trial in accordance with the provisions of\nthis article it is determined that relief under this article is\nnecessary, the supreme court, and the county courts outside the city of\nNew York, shall have the power to provide the re…

§ 81.05 Venue.\n (a) A proceeding under this article shall be brought in the supreme\ncourt within the judicial district, or in the county court of the county\nin which the person alleged to be incapacitated resides, or is\nphysically present, or in the surrogate's court having j…

§ 81.06 Who may commence a proceeding.\n (a) A proceeding under this article shall be commenced by the filing\nof the petition with the court by:\n 1. the person alleged to be incapacitated;\n 2. a presumptive distributee of the person alleged to be\nincapacitated, as that term i…

§ 81.07 Notice.\n (a) Proceeding. A proceeding under this article shall be commenced\nupon the filing of the petition.\n (b) Order to show cause. Upon the filing of the petition, the court\nshall:\n 1. set the date on which the order to show cause is heard no more than\ntwenty-ei…

§ 81.08 Petition.\n (a) The petition shall be verified under oath and shall include the\nfollowing information:\n 1. the name, age, address, and telephone number of the person alleged\nto be incapacitated;\n 2. the name, address, and telephone number of the person or persons\nwit…

§ 81.09 Appointment of court evaluator.\n (a) At the time of the issuance of the order to show cause, the court\nshall appoint a court evaluator.\n (b) 1. the court may appoint as court evaluator any person including,\nbut not limited to, the mental hygiene legal service in the j…

§ 81.10 Counsel.\n (a) Any person for whom relief under this article is sought shall have\nthe right to choose and engage legal counsel of the person's choice. In\nsuch event, any attorney appointed pursuant to this section shall\ncontinue his or her duties until the court has de…