N.Y. MHY. LAW § 81.03 : NY Code - Section 81.03: Definitions
Search N.Y. MHY. LAW § 81.03 : NY Code - Section 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 surrogate's court, or the county court to act on
behalf of an incapacitated person in providing for personal needs and/or
for property management.
(b) "functional level" means the ability to provide for personal needs
and/or the ability with respect to property management.
(c) "functional limitations" means behavior or conditions of a person
which impair the ability to provide for personal needs and/or property
(d) "least restrictive form of intervention" means that the powers
granted by the court to the guardian with respect to the incapacitated
person represent only those powers which are necessary to provide for
that person's personal needs and/or property management and which are
consistent with affording that person the greatest amount of
independence and self-determination in light of that person's
understanding and appreciation of the nature and consequences of his or
her functional limitations.
(e) "available resources" means resources such as, but not limited to,
visiting nurses, homemakers, home health aides, adult day care and
multipurpose senior citizen centers, powers of attorney, health care
proxies, trusts, representative and protective payees, and residential
(f) "personal needs" means needs such as, but not limited to, food,
clothing, shelter, health care, and safety.
(g) "property management" means taking actions to obtain, administer,
protect, and dispose of real and personal property, intangible property,
business property, benefits, and income and to deal with financial
(h) "activities of daily living" means activities such as, but not
limited to, mobility, eating, toileting, dressing, grooming,
housekeeping, cooking, shopping, money management, banking, driving or
using public transportation, and other activities related to personal
needs and to property management.
(i) "major medical or dental treatment" means a medical, surgical or
diagnostic intervention or procedure where a general anesthetic is used
or which involves any significant risk or any significant invasion of
bodily integrity requiring an incision or producing substantial pain,
discomfort, debilitation, or having a significant recovery period, or
which involves the administration of psychotropic medication or
electroconvulsive therapy; it does not include any routine diagnosis or
treatment such as the administration of medications other than
chemotherapy for non-psychiatric conditions or nutrition or the
extraction of bodily fluids for analysis; dental care performed with a
local anesthetic; and any procedures which are provided under emergency
circumstances, pursuant to section two thousand five hundred four of the
public health law.
(j) "life sustaining treatment" means medical treatment which is
sustaining life functions and without which, according to reasonable
medical judgment, the patient will die within a relatively short time
(k) "facility" means a facility, hospital, or school, or an alcoholism
facility in this state as such terms are defined in section 1.03 of this
chapter, a substance abuse program as such term is defined in article
nineteen of this chapter, an adult care facility as such term is defined
in section two of the social services law, or a residential health care
facility or a general hospital as such terms are defined in section two
thousand eight hundred one of the public health law.
(l) "mental hygiene facility" means a facility, hospital, or school,
or an alcoholism facility in this state as such terms are defined in
section 1.03 of this chapter.
Power to appoint a guardian of the person and/or property; standard for appointment
PROCEEDINGS FOR APPOINTMENT OF A GUARDIAN FOR PERSONAL NEEDS OR PROPERTY MANAGEMENT