Title MHY, Mental Hygiene

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

§ 75.15 Members, officers, and directors. No member or director of a company shall receive any salary or other compensation for services as such member or director, other than reimbursement of actual and necessary expenses incurred in the performance of his duties. No member, off…

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

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

§ 75.21 Rates and fees. A company shall, with the approval of the commissioner, fix maximum rates and fees to be charged in-patients or out-patients of each project for the facilities and services provided by the company to such in-patients or out-patients, the average of such ra…

§ 75.23 Transfer of real property. Notwithstanding any requirement of law to the contrary or any provision of any general, special or local law, charter or ordinance, every executor, administrator, trustee, guardian, or other person holding trust funds or acting in a fiduciary ca…

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

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

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

§ 75.33 Fees and charges. The commissioner may by regulation establish and charge to any company such fees and charges for inspection, regulation, supervision, and audit as to the commissioner may appear just and reasonable in order to recover the departmental costs in performing…

§ 75.35 Separability. If any clause, sentence, paragraph, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the cla…

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

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

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

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

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

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

§ 79.13 Notice. (a) Upon the filing of a petition for the appointment of a guardian under the provisions of this article, the court shall cause the same notice to be given that is required by this chapter when the appointment is being made for an incompetent and by the surrogate'…

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

§ 79.17 Accounts. (a) Every guardian or committee, whether appointed under this article or under any other law of this state, who shall receive or has received on account of his ward any moneys from the administration or income from such moneys shall file annually with the court …

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

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

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

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

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

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

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

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

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

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

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

§ 79.41 Funds to be kept separate. Every guardian shall keep the funds received by him in his capacity as guardian separate and distinct from his own personal funds and property. He shall not invest the same or deposit the same with any person, association or corporation doing bu…

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

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

§ 80.03 Definitions. When used in this article: (a) "Major medical treatment" means a medical, surgical or diagnostic intervention or procedures where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an …

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

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

§ 80.09 Right of appeal; temporary restraining order. The patient, declarant, a parent, spouse, adult child, conservator, legal guardian, committee of the person, or other available surrogate authorized by regulation in accordance with section 33.03 of this chapter or corresponde…

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

§ 80.13 Committee reports. The chairman of each committee shall provide a quarterly report on the activities of the committee and its panels to the commission on quality of care for the mentally disabled. Such report shall provide all information in the manner and form requested …

§ 81.01 Legislative findings and purpose. The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique to the individual. The current system of conservatorship and committee does not provide the necessary flexibility to me…

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

§ 81.03 Definitions. When used in this article, (a) "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 su…

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

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

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

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

§ 81.08 Petition. (a) The petition shall be verified under oath and shall include the following information: 1. the name, age, address, and telephone number of the person alleged to be incapacitated; 2. the name, address, and telephone number of the person or persons with whom th…

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

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