NY Code - Article 17-A: GUARDIANS OF MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS

Search NY Code - Article 17-A: GUARDIANS OF MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS

  • Section 1750 Guardianship of mentally retarded persons When it shall appear to the satisfaction of the court that a person is a mentally retarded person, the court is authorized to appoint a guardian of the person or of the property or of both if such appointment of a guardian or guardians is in the best interest of the mentally retarded person
  • Section 1750-A Guardianship of developmentally disabled persons 1
  • Section 1750-B Health care decisions for mentally retarded persons 1
  • Section 1751 Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of a mentally retarded or developmentally disabled person may be made by a parent, any interested person eighteen years of age or older on behalf of the mentally retarded or developmentally disabled person including a corporation authorized to serve as a guardian as provided for by this article, or by the mentally retarded or developmentally disabled person when such person is eighteen years of age or older
  • Section 1752 Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed by the state chief administrator of the courts
  • Section 1753 Persons to be served 1
  • Section 1754 Hearing and trial 1
  • Section 1755 Modification order Any mentally retarded or developmentally disabled person eighteen years of age or older, or any person on behalf of any mentally retarded or developmentally disabled person for whom a guardian has been appointed, may apply to the court having jurisdiction over the guardianship order requesting modification of such order in order to protect the mentally retarded or developmentally disabled person's financial situation and/or his or her personal interests
  • Section 1756 Limited guardian of the property When it shall appear to the satisfaction of the court that such mentally retarded or developmentally disabled person for whom an application for guardianship is made is eighteen years of age or older and is wholly or substantially self-supporting by means of his or her wages or earnings from employment, the court is authorized and empowered to appoint a limited guardian of the property of such mentally retarded or developmentally disabled person who shall receive, manage, disburse and account for only such property of said mentally retarded or developmentally disabled person as shall be received from other than the wages or earnings of said person
  • Section 1757 Standby guardian of a mentally retarded or developmentally disabled person 1
  • Section 1758 Court jurisdiction After the appointment of a guardian, standby guardian or alternate guardians, the court shall have and retain general jurisdiction over the mentally retarded or developmentally disabled person for whom such guardian shall have been appointed, to take of its own motion or to entertain and adjudicate such steps and proceedings relating to such guardian, standby, or alternate guardianship as may be deemed necessary or proper for the welfare of such mentally retarded or developmentally disabled person
  • Section 1759 Duration of guardianship 1
  • Section 1760 Corporate guardianship No corporation may be appointed guardian of the person under the provisions of this article, except that a non-profit corporation organized and existing under the laws of the state of New York and having the corporate power to act as guardian of mentally retarded or developmentally disabled persons may be appointed as the guardian of the person only of such mentally retarded or developmentally disabled person
  • Section 1761 Application of other provisions To the extent that the context thereof shall admit, the provisions of article seventeen of this act shall apply to all proceedings under this article with the same force and affect as if an "infant", as therein referred to, were a "mentally retarded" or "developmentally disabled person" as herein defined, and a "guardian" as therein referred to were a "guardian of the mentally retarded person" or a "guardian of a developmentally disabled person" as herein provided for