Section 81.22. Powers of guardian; personal needs  


Latest version.
  • (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 that  person's  personal  wishes,  preferences,  and
      desires  with regard to managing the activities of daily living, and the
      least restrictive form of intervention,  the  court  may  grant  to  the
      guardian  powers  necessary  and  sufficient to provide for the personal
      needs of the incapacitated person. Those powers  which  may  be  granted
      include, but are not limited to, the power to:
        1. determine who shall provide personal care or assistance;
        2.  make  decisions  regarding  social  environment  and  other social
      aspects of the life of the incapacitated person;
        3. determine whether the incapacitated person should travel;
        4. determine whether the incapacitated person should possess a license
      to drive;
        5. authorize access to or release of confidential records;
        6. make decisions regarding education;
        7. apply for government and private benefits;
        8. consent to or refuse generally accepted routine or major medical or
      dental treatment subject to the provisions of subdivision (e) of section
      81.29 of this  article  dealing  with  life  sustaining  treatment;  the
      guardian  shall  make  treatment  decisions consistent with the findings
      under section 81.15 of this article and in accordance with the patient's
      wishes, including the patient's religious and moral beliefs, or  if  the
      patient's wishes are not known and cannot be ascertained with reasonable
      diligence,  in  accordance with the person's best interests, including a
      consideration of  the  dignity  and  uniqueness  of  every  person,  the
      possibility   and   extent   of   preserving   the  person's  life,  the
      preservation, improvement or  restoration  of  the  person's  health  or
      functioning,  the  relief  of  the  person's suffering, the adverse side
      effects associated with the treatment, any  less  intrusive  alternative
      treatments, and such other concerns and values as a reasonable person in
      the incapacitated person's circumstances would wish to consider;
        9.  choose  the place of abode; the choice of abode must be consistent
      with the findings under section 81.15 of this article, the existence  of
      and   availability  of  family,  friends  and  social  services  in  the
      community, the care, comfort and  maintenance,  and  where  appropriate,
      rehabilitation of the incapacitated person, the needs of those with whom
      the  incapacitated person resides; placement of the incapacitated person
      in a nursing home or  residential  care  facility  as  those  terms  are
      defined  in  section two thousand eight hundred one of the public health
      law, or other similar facility  shall  not  be  authorized  without  the
      consent  of  the  incapacitated person so long as it is reasonable under
      the circumstances to maintain the incapacitated person in the community,
      preferably in the home of the incapacitated person.
        (b) No guardian may:
        1. consent to the  voluntary  formal  or  informal  admission  of  the
      incapacitated  person to a mental hygiene facility under article nine or
      fifteen of this chapter or  to  a  chemical  dependence  facility  under
      article twenty-two of this chapter;
        2.  revoke  any  appointment  or  delegation made by the incapacitated
      person pursuant to sections 5-1501, 5-1601 and  5-1602  of  the  general
      obligations  law,  sections two thousand nine hundred sixty-five and two
      thousand nine hundred eighty-one of the public health law, or any living
      will.