Title MHY, Mental Hygiene

§ 81.11 Hearing. (a) A determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made only after a hearing. (b) In a proceeding brought pursuant to this article any party to the proceeding shall have the right to: 1. present e…

§ 81.12 Burden and quantum of proof. (a) A determination that a person is incapacitated under the provisions of this article must be based on clear and convincing evidence. The burden of proof shall be on the petitioner. (b) The court may, for good cause shown, waive the rules of…

§ 81.13 Timing of hearing. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all other causes in the court. Unless the court, for good cause shown, orders otherwise, the hearing or trial shall be conducted w…

§ 81.14 Record of the proceedings. (a) A record of the proceedings shall be made in all cases. (b) The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall…

§ 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 …

§ 81.16 Dispositional alternatives. (a) Dismissal of the petition. If the person alleged to be incapacitated under this article is found not to be incapacitated, the court shall dismiss the petition. (b) Protective arrangements and single transactions. If the person alleged to be…

§ 81.17 Nomination of guardian. In the petition, or in a written instrument duly executed, acknowledged, and filed in the proceeding before the appointment of a guardian, the person alleged to be incapacitated may nominate a guardian.

§ 81.18 Foreign guardian for a person not present in the state. Where the person alleged to be incapacitated is not present in the state and a guardian, by whatever name designated, has been duly appointed pursuant to the laws of any other country where the person alleged to be i…

§ 81.19 Eligibility as guardian. (a) 1. Any individual over eighteen years of age, or any parent under eighteen years of age, who is found by the court to be suitable to exercise the powers necessary to assist the incapacitated person may be appointed as guardian, including but n…

§ 81.20 Duties of guardian. (a) Duties of guardian generally. 1. a guardian shall exercise only those powers that the guardian is authorized to exercise by court order; 2. a guardian shall exercise the utmost care and diligence when acting on behalf of the incapacitated person; 3…

§ 81.21 Powers of guardian; property management. (a) Consistent with the functional limitations of the incapacitated person, that person's understanding and appreciation of the harm that he or she is likely to suffer as the result of the inability to manage property and financial…

§ 81.22 Powers of guardian; personal needs. (a) Consistent with the functional limitations of the incapacitated person, that person's understanding and appreciation of the harm that he or she is likely to suffer as the result of the inability to provide for personal needs, and th…

§ 81.23 Provisional remedies. (a) Temporary guardian. 1. At the commencement of the proceeding or at any subsequent stage of the proceeding prior to the appointment of a guardian, the court may, upon showing of danger in the reasonably foreseeable future to the health and well be…

§ 81.24 Notice of pendency. The petitioner shall, prior to judgment, file a notice of pendency if real property or any interest therein is or may be affected by the proceeding.

§ 81.25 Filing of bond by guardian. (a) Before the guardian, or special guardian appointed under this article, or a trustee of a trust created pursuant to this article, enters upon the execution of his or her duties, the court may require or dispense with the filing of a bond. (b…

§ 81.26 Designation of clerk to receive process. No commission shall issue nor shall any order which in itself constitutes a commission become effective until an instrument executed and acknowledged by the guardian has been filed with the clerk of the court designating the clerk …

§ 81.27 Commission to guardian. Within five days after the guardian has filed a designation under section 81.26 of this article, and has filed a bond in accordance with the provisions of section 81.25 of this article unless the court has waived the filing of the bond or unless th…

§ 81.28 Compensation of guardian. (a) The court shall establish, and may from time to time modify, a plan for the reasonable compensation of the guardian or guardians. The plan for compensation of such guardian must take into account the specific authority of the guardian or guar…

§ 81.29 Effect of the appointment on the incapacitated person. (a) An incapacitated person for whom a guardian has been appointed retains all powers and rights except those powers and rights which the guardian is granted. (b) Subject to subdivision (a) of this section, the appoin…

§ 81.30 Initial report. (a) No later than ninety days after the issuance of the commission to the guardian, the guardian shall file with the court that appointed the guardian a report in a form prescribed by the court stating what steps the guardian has taken to fulfill his or he…

§ 81.31 Annual report. (a) Filing of annual report. Every guardian shall file a report annually in the month of May, or at any other time upon motion or order of the court. (b) The report shall be in a form prescribed by the court and shall include the following information: 1. t…

§ 81.32 Examination of initial and annual reports. (a) Examination of reports generally. 1. Initial report. Within thirty days of the filing of the initial report, the initial report filed by a guardian under this article shall be examined. 2. Annual examination. Within thirty da…

§ 81.33 Intermediate and final report. (a) A guardian may move in the court of his or her appointment for an order permitting him or her to render an intermediate report to the date of the filing thereof in a form prescribed by the court which shall include the same information a…

§ 81.34 Decree on filing instruments approving accounts. (a) The guardian or the personal representative of the guardian may present to the court a petition showing the names and addresses of all persons entitled to receive notice pursuant to paragraph three of subdivision (c) of…

§ 81.35 Removal of guardian. Upon motion, the court appointing a guardian may remove such guardian when the guardian fails to comply with an order, is guilty of misconduct, or for any other cause which to the court shall appear just. Notice of motion shall be served on the guardi…

§ 81.36 Discharge or modification of powers of guardian. (a) The court appointing the guardian shall discharge such guardian, or modify the powers of the guardian where appropriate, if it appears to the satisfaction of the court that: 1. the incapacitated person has become able t…

§ 81.37 Resignation or suspension of powers of guardian. (a) The court appointing a guardian may allow the guardian to resign or may suspend the powers of the guardian. (b) Where a guardian is engaged in war service as defined in section seven hundred seventeen of the surrogate's…

§ 81.38 Vacancy in office. (a) Interim guardian. A vacancy created by the death, removal, discharge, resignation, or suspension of a guardian shall be filled by the court. Upon the application of any person entitled to commence a proceeding under this article, the court shall app…

§ 81.39 Guardian education requirements. (a) Each incapacitated person is entitled to a guardian whom the court finds to be sufficiently capable of performing the duties and exercising the powers of a guardian necessary to protect the incapacitated person. (b) Each person appoint…

§ 81.40 Court evaluator education requirements. (a) Each incapacitated person is entitled to a court evaluator whom the court finds to be sufficiently capable of performing the duties of a court evaluator necessary to ensure that all the relevant information regarding a petition …

§ 81.41 Court examiner education requirements. (a) Each incapacitated person is entitled to a thorough examination of all reports required to be filed by the guardian. (b) Each person appointed pursuant to section 81.32 of this article must complete a training program approved by…

§ 81.42 Compliance. (a) A motion to dismiss based on the alleged failure to comply with any of the provisions of this article, other than subparagraph (i) of paragraph one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical mistakes…

§ 81.43 Proceedings to discover property withheld. (a) To the extent that it is consistent with the authority otherwise granted by the court a guardian may commence a proceeding in the court which appointed the guardian to discover property withheld. The petition shall contain kn…

§ 81.44 Proceedings upon the death of an incapacitated person. (a) When used in this section: 1. "Statement of death" means a statement, in writing and acknowledged, containing the caption and index number of the guardianship proceeding, and the name and address of the last resid…

* § 82.01 Legislative findings and purpose. (a) The legislature finds that a person's right to make their own decisions is critical to their autonomy and self-determination. People with intellectual, developmental, cognitive and psychosocial disabilities are often denied that rig…

* § 82.02 Definitions. When used in this article, the following terms shall have the following meaning, unless the context or subject matter requires a different interpretation: (a) "abuse" encompasses physical abuse, sexual abuse, and emotional abuse, as defined in section four …

* § 82.03 Presumption of capacity. (a) For the purposes of this article, every adult shall be presumed to have the capacity to enter into a supported decision-making agreement, unless that adult has a legal guardian, appointed by a court of competent jurisdiction, whose granted a…

* § 82.04 Scope. (a) If a decision-maker voluntarily enters into a supported decision-making agreement with one or more supporters, the decision-maker may, in the agreement, authorize the supporter to provide support to them in making their own decisions in areas they choose, inc…

* § 82.05 Duties, responsibilities, and authority of supporters. (a) A supporter must: 1. respect the decision-maker's right to make a decision, even when the supporter disagrees with the decision or believes it is not in the decision-maker's best interests; 2. act honestly, dili…

* § 82.06 Formation and term of agreement. (a) An adult may enter into a supported decision-making agreement at any time if the adult enters into the agreement voluntarily. (b) A decision-maker may sign a supported decision-making agreement in any manner, including electronic sig…

* § 82.07 Revocation and amendment of agreement. (a) The decision-maker may revoke all or part of a supported decision-making agreement by notifying the supporters orally or in writing, or by any other act evincing a specific intent to revoke the agreement. The failure of the dec…

* § 82.08 Eligibility and resignation of supporters. (a) A supporter shall be any adult chosen by the decision-maker; if the supporter chosen by the decision-maker is an employee of a provider from whom the decision-maker receives services, the employee and the provider shall fol…

* § 82.09 Facilitation of agreement. The provisions of section 82.11 and subdivisions (b) through (d) of section 82.12 of this article shall only apply in circumstances where a decision is made by a decision-maker pursuant to a supported decision-making agreement created in accor…

* § 82.10 Form of agreement. (a) A supported decision-making agreement may be in any form consistent with the requirements set forth in this article. (b) A supported decision-making agreement must: 1. be in writing; 2. be dated; 3. designate the decision-maker, and at least one s…

* § 82.11 Legal effect of decisions made with support and third party obligations. (a) This section shall apply only to decisions made pursuant to supported decision-making agreements created in accordance with this article and following a recognized supported decision-making fac…

* § 82.12 Limitations on liability. (a) Subdivisions (b), (c) and (d) of this section shall apply only to decisions made pursuant to supported decision-making agreements created in accordance with this article which are signed by a facilitator and following a recognized supported…

* § 82.13 Supporter notice. (a) If any state or municipal law requires that an agency, entity, or person provide a prescribed notice to a decision-maker, and the agency, entity, or person required to provide such notice has received a supported decision-making agreement from a de…

* § 82.14 Reporting abuse, coercion, undue influence, or financial exploitation. (a) Any person who receives a copy of or an original supported decision-making agreement and has cause to believe the decision-maker is being abused, physically coerced, or financially exploited by a…

* § 82.15 Rules and regulations. (a) The commissioner of the office for people with developmental disabilities shall promulgate within one year of the passage of this act the rules and regulations necessary to implement this article for adults who receive or are eligible to recei…

§ 83.01 Short title. This article shall be known and may be cited as the "uniform adult guardianship and protective proceedings jurisdiction act".