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N.Y. Mental Hygiene Law § 83.03 Definitions
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§ 83.03 Definitions. For purposes of this article, the following definitions shall apply: (a) "Adult" means an individual who has attained eighteen years of age. (b) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or w…
N.Y. Mental Hygiene Law § 83.05 International application of this article
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§ 83.05 International application of this article. A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 83.01 through 83.37 of this article.
N.Y. Mental Hygiene Law § 83.07 Communication between courts
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§ 83.07 Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this article. The court may allow the parties to participate in the communication. (b) If the parties are not allowed to participate…
N.Y. Mental Hygiene Law § 83.09 Cooperation between courts
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§ 83.09 Cooperation between courts. (a) In a proceeding for the appointment of a guardian of the person or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: 1. hold an evidentiary hearing; 2. …
N.Y. Mental Hygiene Law § 83.11 Taking testimony in another state
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§ 83.11 Taking testimony in another state. (a) In a proceeding for the appointment of a guardian of the person or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or o…
N.Y. Mental Hygiene Law § 83.13 Significant connection factors
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§ 83.13 Significant connection factors. In determining under section 83.17 and subdivision (e) of section 83.31 of this article whether a respondent has a significant connection with a particular state, the court shall consider: (a) the location of the respondent's family and oth…
N.Y. Mental Hygiene Law § 83.15 Exclusive basis
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§ 83.15 Exclusive basis. Subject to section 81.18 of this title, this article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian of the person or issue a protective order for an adult.
N.Y. Mental Hygiene Law § 83.17 Jurisdiction
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§ 83.17 Jurisdiction. A court of this state has jurisdiction to appoint a guardian of the person or issue a protective order for a respondent if: (a) the state is the respondent's home state; (b) on the date the petition is filed, this state is a significant-connection state and:…
N.Y. Mental Hygiene Law § 83.19 Special jurisdiction
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§ 83.19 Special jurisdiction. (a) A court of this state lacking jurisdiction under section 83.17 of this article has special jurisdiction to do any of the following: 1. appoint a guardian of the person in an emergency for a term not exceeding ninety days for a respondent who is p…
N.Y. Mental Hygiene Law § 83.21 Exclusive and continuing jurisdiction
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§ 83.21 Exclusive and continuing jurisdiction. Except as otherwise provided in section 83.19 of this article, a court that has appointed a guardian of the person or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceedin…
N.Y. Mental Hygiene Law § 83.23 Appropriate forum
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§ 83.23 Appropriate forum. (a) A court of this state having jurisdiction under section 83.17 of this article to appoint a guardian of the person or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a mo…
N.Y. Mental Hygiene Law § 83.25 Jurisdiction declined by reason of conduct
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§ 83.25 Jurisdiction declined by reason of conduct. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian of the person or issue a protective order because of unjustifiable conduct, the court may: 1. decline to exercise jurisdicti…
N.Y. Mental Hygiene Law § 83.27 Notice of proceeding
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§ 83.27 Notice of proceeding. If a petition for the appointment of a guardian of the person or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice r…
N.Y. Mental Hygiene Law § 83.29 Proceedings in more than one state
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§ 83.29 Proceedings in more than one state. Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this state under paragraph one or two of subdivision (a) of section 83.19 of this art…
N.Y. Mental Hygiene Law § 83.31 Transfer of guardianship or conservatorship to another state
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§ 83.31 Transfer of guardianship or conservatorship to another state. (a) A guardian of the person or a guardian of the property appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subdivision (a) of this se…
N.Y. Mental Hygiene Law § 83.33 Accepting guardianship or conservatorship transferred from another state
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§ 83.33 Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship of the person or guardianship of the property transferred to this state under provisions similar to section 83.31 of this article, the guardian of the perso…
N.Y. Mental Hygiene Law § 83.35 Registration of orders appointing a guardian of the person
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§ 83.35 Registration of orders appointing a guardian of the person. If a guardian of the person by whatever name designated has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person …
N.Y. Mental Hygiene Law § 83.37 Registration of protective orders
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§ 83.37 Registration of protective orders. If a guardian of the property has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the property appointed in the other state, after giving notice to the appointing court …
N.Y. Mental Hygiene Law § 83.39 Effect of registration
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§ 83.39 Effect of registration. (a) Upon registration of an order appointing a guardian of the person or protective order from another state, the guardian of the person or guardian of the property may exercise in this state all powers authorized in the order of appointment or pro…
N.Y. Mental Hygiene Law § 83.41 Uniformity of application and construction
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§ 83.41 Uniformity of application and construction. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
N.Y. Mental Hygiene Law § 83.43 Relation to electronic signatures in global and national commerce act
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§ 83.43 Relation to electronic signatures in global and national commerce act. This article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(…
N.Y. Mental Hygiene Law § 83.45 Transitional provision
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§ 83.45 Transitional provision. (a) This article applies to proceedings begun on or after this article's effective date. (b) Sections 83.01 through 83.05 and sections 83.31 through 83.43 of this article apply to proceedings begun before this article's effective date, regardless o…
N.Y. Mental Hygiene Law § 84.01 Short title
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§ 84.01 Short title. This article shall be known and may be cited as the "New York achieving a better life experience (NY ABLE) savings account act".
N.Y. Mental Hygiene Law § 84.03 Definitions
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§ 84.03 Definitions. As used in this article: 1. The term "financial organization" means an organization authorized to do business in the state of New York and which: (a) is licensed or chartered by the department of financial services; (b) is licensed or chartered by an agency o…
N.Y. Mental Hygiene Law § 84.05 Powers and duties of the comptroller
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§ 84.05 Powers and duties of the comptroller. 1. The comptroller shall establish a NY ABLE account plan for all eligible individuals for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. The comptroller is hereby author…
N.Y. Mental Hygiene Law § 84.07 NY ABLE account advisory council
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§ 84.07 NY ABLE account advisory council. 1. The NY ABLE account advisory council is hereby established and shall consist of the following persons or their designees: the comptroller, the commissioner of the office of mental health, the commissioner of the office for people with …
N.Y. Mental Hygiene Law § 84.09 Program requirements
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§ 84.09 Program requirements.\n 1. "NY ABLE" accounts established pursuant to the provisions of this\narticle shall be governed by the provisions of this section.\n 2. (a) An application for a NY ABLE account shall be in the form\nprescribed by the program and contain the followi…
N.Y. Mental Hygiene Law § 84.11 Distribution requirements
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§ 84.11 Distribution requirements. Designated beneficiaries shall be eligible for a distribution from the accumulated funds deferred to their NY ABLE savings account established pursuant to this article, in full and partial disbursement options for qualified expenses.
N.Y. Mental Hygiene Law § 9.01 Definitions
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§ 9.01 Definitions. As used in this article: (a) "in need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. (b) "in need of involuntary care and treatment" means that a person has a mental illness…
N.Y. Mental Hygiene Law § 9.03 Admission to a hospital
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§ 9.03 Admission to a hospital. Unless otherwise specifically provided for by statute, a person with a mental illness shall be admitted to a hospital as an in-patient only pursuant to the provisions of this article, except that chemically dependent patients may be admitted to che…
N.Y. Mental Hygiene Law § 9.05 Examining physicians, examining psychiatric nurse practitioners and medical certificates
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§ 9.05 Examining physicians, examining psychiatric nurse practitioners and medical certificates. (a) A person is disqualified from acting as an examining physician or examining psychiatric nurse practitioner in the following cases: 1. if they are a relative of the person applying…
N.Y. Mental Hygiene Law § 9.07 Notice to all patients of their rights and of the availability of the mental hygiene legal service
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§ 9.07 Notice to all patients of their rights and of the availability of the mental hygiene legal service. (a) Immediately upon the admission of any patient to a hospital or upon his conversion to a different status, the director shall inform the patient in writing of his status,…
N.Y. Mental Hygiene Law § 9.09 Notices to mental hygiene legal service concerning minors
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§ 9.09 Notices to mental hygiene legal service concerning minors. When any person under the age of eighteen years is admitted to or is converted from one admission status to another in any hospital, written notice of such admission or conversion shall be given to the mental hygie…
N.Y. Mental Hygiene Law § 9.11 Patients' records
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* § 9.11 Patients' records. Except as to informal patients and patients admitted pursuant to section 9.39 or 9.40, the director of a hospital shall within five days, excluding Sunday and holidays, after the admission of any patient forward to the mental hygiene legal service a re…
N.Y. Mental Hygiene Law § 9.13 Voluntary admissions
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§ 9.13 Voluntary admissions.\n (a) The director of any hospital may receive as a voluntary patient\nany suitable person in need of care and treatment, who voluntarily makes\nwritten application therefor. If the person is under sixteen years of\nage, the person may be received as …
N.Y. Mental Hygiene Law § 9.15 Informal admissions
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§ 9.15 Informal admissions. The director of any hospital approved by the commissioner for such purpose may receive therein as an informal patient any suitable person in need of care and treatment requesting admission thereto. Such person may be admitted as a patient without makin…
N.Y. Mental Hygiene Law § 9.17 Voluntary and informal admissions; suitability
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§ 9.17 Voluntary and informal admissions; suitability. (a) In order for a person to be suitable for admission to a hospital as a voluntary or informal patient, or for conversion to such status he must be notified of and have the ability to understand the following: 1. that the ho…
N.Y. Mental Hygiene Law § 9.19 Voluntary and informal admissions; notices
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§ 9.19 Voluntary and informal admissions; notices. The director shall cause all patients admitted as voluntary or informal patients to be informed once during each one hundred twenty days of hospitalization of their status and rights, including their right to avail themselves of …
N.Y. Mental Hygiene Law § 9.21 Voluntary and informal admissions; encouragement of
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§ 9.21 Voluntary and informal admissions; encouragement of. (a) It shall be the duty of all state and local officers having duties to perform relating to the mentally ill to encourage any person suitable therefor and in need of care and treatment for mental illness to apply for a…
N.Y. Mental Hygiene Law § 9.23 Voluntary and informal admissions; conversion to
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§ 9.23 Voluntary and informal admissions; conversion to. (a) Nothing contained in this article shall be construed to prohibit any director from converting, and it shall be his duty to convert, the admission of any involuntary patient suitable and willing to apply therefor to a vo…
N.Y. Mental Hygiene Law § 9.25 Voluntary and informal admissions; review of status
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§ 9.25 Voluntary and informal admissions; review of status. (a) No voluntary or informal patient, whether admitted on such status or converted thereto, shall be continued in such status for a period beyond twelve months from the date of commencement of such status or beyond twelv…
N.Y. Mental Hygiene Law § 9.27 Involuntary admission on medical certification
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§ 9.27 Involuntary admission on medical certification. (a) The director of a hospital may receive and retain therein as a patient any person alleged to be mentally ill and in need of involuntary care and treatment upon the certificates of two examining physicians, or upon the cer…
N.Y. Mental Hygiene Law § 9.29 Involuntary admission on medical certification; notice of admission to patients and others
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§ 9.29 Involuntary admission on medical certification; notice of admission to patients and others. (a) The director shall cause written notice of a person's involuntary admission on an application supported by medical certification to be given forthwith to the mental hygiene lega…
N.Y. Mental Hygiene Law § 9.31 Involuntary admission on medical certification; patient's right to a hearing
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§ 9.31 Involuntary admission on medical certification; patient's right to a hearing. (a) If, at any time prior to the expiration of sixty days from the date of involuntary admission of a patient on an application supported by medical certification, he or any relative or friend or…
N.Y. Mental Hygiene Law § 9.33 Court authorization to retain an involuntary patient
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§ 9.33 Court authorization to retain an involuntary patient. (a) If the director shall determine that a patient admitted upon an application supported by medical certification, for whom there is no court order authorizing retention for a specified period, is in need of retention …
N.Y. Mental Hygiene Law § 9.35 Review of court authorization to retain an involuntary patient
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§ 9.35 Review of court authorization to retain an involuntary patient. If a person who has been denied release or whose retention, continued retention, or transfer and continued retention has been authorized pursuant to this article, or any relative or friend in his behalf, be di…
N.Y. Mental Hygiene Law § 9.37 Involuntary admission on certificate of a director of community services or his designee
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§ 9.37 Involuntary admission on certificate of a director of community services or his designee. * (a) The director of a hospital, upon application by a director of community services or an examining physician duly designated by him or her, may receive and care for in such hospit…
N.Y. Mental Hygiene Law § 9.39 Emergency admissions for immediate observation, care, and treatment
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§ 9.39 Emergency admissions for immediate observation, care, and treatment. (a) The director of any hospital maintaining adequate staff and facilities for the observation, examination, care, and treatment of persons alleged to be mentally ill and approved by the commissioner to r…
N.Y. Mental Hygiene Law § 9.40 Emergency observation, care and treatment in comprehensive psychiatric emergency programs
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* § 9.40 Emergency observation, care and treatment in comprehensive psychiatric emergency programs. (a) The director of any comprehensive psychiatric emergency program may receive and retain therein for a period not to exceed seventy-two hours, any person alleged to have a mental…
N.Y. Mental Hygiene Law § 9.41 Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers
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* § 9.41 Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers. (a) Any peace officer, when acting pursuant to their special duties, or police officer who is a member of the state police or of an authorized polic…