Title MHY, Mental Hygiene

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

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

§ 81.13 Timing of hearing.\n Unless the court, for good cause shown, orders otherwise, a proceeding\nunder this article is entitled to a preference over all other causes in\nthe court. Unless the court, for good cause shown, orders otherwise, the\nhearing or trial shall be conduc…

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

§ 81.15 Findings.\n (a) Where the court determines that the person agrees to the\nappointment and that the appointment is necessary, the court shall make\nthe following findings on the record:\n 1. the person's agreement to the appointment;\n 2. the person's functional limitation…

§ 81.16 Dispositional alternatives.\n (a) Dismissal of the petition.\n If the person alleged to be incapacitated under this article is found\nnot to be incapacitated, the court shall dismiss the petition.\n (b) Protective arrangements and single transactions. If the person\nalleg…

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

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

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

§ 81.20 Duties of guardian.\n (a) Duties of guardian generally.\n 1. a guardian shall exercise only those powers that the guardian is\nauthorized to exercise by court order;\n 2. a guardian shall exercise the utmost care and diligence when acting\non behalf of the incapacitated p…

§ 81.21 Powers of guardian; property management.\n (a) Consistent with the functional limitations of the incapacitated\nperson, that person's understanding and appreciation of the harm that he\nor she is likely to suffer as the result of the inability to manage\nproperty and fina…

§ 81.22 Powers of guardian; personal needs.\n (a) Consistent with the functional limitations of the incapacitated\nperson, that person's understanding and appreciation of the harm that he\nor she is likely to suffer as the result of the inability to provide for\npersonal needs, a…

§ 81.23 Provisional remedies.\n (a) Temporary guardian.\n 1. At the commencement of the proceeding or at any subsequent stage of\nthe proceeding prior to the appointment of a guardian, the court may,\nupon showing of danger in the reasonably foreseeable future to the\nhealth and …

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

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

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

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

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

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

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

§ 81.31 Annual report.\n (a) Filing of annual report. Every guardian shall file a report\nannually in the month of May, or at any other time upon motion or order\nof the court.\n (b) The report shall be in a form prescribed by the court and shall\ninclude the following informatio…

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

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

§ 81.34 Decree on filing instruments approving accounts.\n (a) The guardian or the personal representative of the guardian may\npresent to the court a petition showing the names and addresses of all\npersons entitled to receive notice pursuant to paragraph three of\nsubdivision (…

§ 81.35 Removal of guardian.\n Upon motion, the court appointing a guardian may remove such guardian\nwhen the guardian fails to comply with an order, is guilty of\nmisconduct, or for any other cause which to the court shall appear just.\nNotice of motion shall be served on the g…

§ 81.36 Discharge or modification of powers of guardian.\n (a) The court appointing the guardian shall discharge such guardian,\nor modify the powers of the guardian where appropriate, if it appears to\nthe satisfaction of the court that:\n 1. the incapacitated person has become …

§ 81.37 Resignation or suspension of powers of guardian.\n (a) The court appointing a guardian may allow the guardian to resign\nor may suspend the powers of the guardian.\n (b) Where a guardian is engaged in war service as defined in section\nseven hundred seventeen of the surro…

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

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

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

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

§ 81.42 Compliance.\n (a) A motion to dismiss based on the alleged failure to comply with\nany of the provisions of this article, other than subparagraph (i) of\nparagraph one of subdivision (d) of section 81.07 of this article, must\nbe determined without regard to technical mis…

§ 81.43 Proceedings to discover property withheld.\n (a) To the extent that it is consistent with the authority otherwise\ngranted by the court a guardian may commence a proceeding in the court\nwhich appointed the guardian to discover property withheld. The petition\nshall conta…

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

* § 82.01 Legislative findings and purpose.\n (a) The legislature finds that a person's right to make their own\ndecisions is critical to their autonomy and self-determination. People\nwith intellectual, developmental, cognitive and psychosocial\ndisabilities are often denied tha…

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

* § 82.03 Presumption of capacity.\n (a) For the purposes of this article, every adult shall be presumed to\nhave the capacity to enter into a supported decision-making agreement,\nunless that adult has a legal guardian, appointed by a court of\ncompetent jurisdiction, whose gran…

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

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

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

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

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

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

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

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

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

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

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

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

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