New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.15 - Findings.

(a) Where the court determines that the person agrees to the
appointment and that the appointment is necessary, the court shall make
the following findings on the record:
1. the person's agreement to the appointment;
2. the person's functional limitations which impair the person's
ability to provide for personal needs or property management;
3. the necessity of the appointment of a guardian as a means of
providing for personal needs and/or property management for the person;
4. the specific powers of the guardian which constitute the least
restrictive form of intervention consistent with the person's functional
limitations; and
5. the duration of the appointment.
(b) Where the petition requests the appointment of a guardian to
provide for the personal needs for a person alleged to be incapacitated
and the court determines that such person is incapacitated and that the
appointment is necessary, the court shall make the following findings on
the record:
1. the person's functional limitations which impair the person's
ability to provide for personal needs;
2. the person's lack of understanding and appreciation of the nature
and consequences of his or her functional limitations;
3. the likelihood that the person will suffer harm because of the
person's functional limitations and inability to adequately understand
and appreciate the nature and consequences of such functional
limitations;
4. the necessity of the appointment of a guardian to prevent such
harm;
5. the specific powers of the guardian which constitute the least
restrictive form of intervention consistent with the findings of this
subdivision;
6. the duration of the appointment; and
7. whether the incapacitated person should receive copies of the
initial and annual report.
(c) Where the petition requests the appointment of a guardian for
property management for the person alleged to be incapacitated, and the
court determines that the person is incapacitated and that the
appointment of a guardian is necessary, the court shall make the
following findings on the record:
1. the type and amount of the property and financial resources of the
person alleged to be incapacitated;
2. the person's functional limitations which impair the person's
ability with respect to property management;
3. the person's lack of understanding and appreciation of the nature
and consequences of his or her functional limitations;
4. the likelihood that the person will suffer harm because of the
person's functional limitations and inability to adequately understand
and appreciate the nature and consequences of such functional
limitations;
5. any additional findings that are required under section 81.21 of
this article;
6. the necessity of the appointment of a guardian to prevent such
harm;
7. if so, the specific powers of the guardian which constitute the
least restrictive form of intervention consistent with the person's
functional limitations and the likelihood of harm because of the
person's inability to adequately understand and appreciate the nature
and consequences of such functional limitations;

8. the duration of the appointment; and
9. whether the incapacitated person should receive copies of the
initial and annual report.

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