(a) Each incapacitated person is entitled to a guardian whom the court
finds to be sufficiently capable of performing the duties and exercising
the powers of a guardian necessary to protect the incapacitated person.
(b) Each person appointed by the court to be a guardian must complete
a training program approved by the chief administrator which covers:
1. the legal duties and responsibilities of the guardian;
2. the rights of the incapacitated person;
3. the available resources to aid the incapacitated person;
4. an orientation to medical terminology, particularly that related to
the diagnostic and assessment procedures used to characterize the extent
and reversibility of any impairment;
5. the preparation of annual reports, including financial accounting
for the property and financial resources of the incapacitated person.
(c) The court may, in its discretion, waive some or all of the
requirements of this section or impose additional requirements. In doing
so, the court shall consider the experience and education of the
guardian with respect to the training requirements of this section, the
duties and powers assigned to the guardian, and the needs of the
incapacitated person.
Structure New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.01 - Legislative Findings and Purpose.
81.02 - Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.
81.06 - Who May Commence a Proceeding.
81.09 - Appointment of Court Evaluator.
81.12 - Burden and Quantum of Proof.
81.14 - Record of the Proceedings.
81.16 - Dispositional Alternatives.
81.17 - Nomination of Guardian.
81.18 - Foreign Guardian for a Person Not Present in the State.
81.19 - Eligibility as Guardian.
81.21 - Powers of Guardian; Property Management.
81.22 - Powers of Guardian; Personal Needs.
81.25 - Filing of Bond by Guardian.
81.26 - Designation of Clerk to Receive Process.
81.27 - Commission to Guardian.
81.28 - Compensation of Guardian.
81.29 - Effect of the Appointment on the Incapacitated Person.
81.32 - Examination of Initial and Annual Reports.
81.33 - Intermediate and Final Report.
81.34 - Decree on Filing Instruments Approving Accounts.
81.36 - Discharge or Modification of Powers of Guardian.
81.37 - Resignation or Suspension of Powers of Guardian.
81.39 - Guardian Education Requirements.
81.40 - Court Evaluator Education Requirements.
81.41 - Court Examiner Education Requirements.
81.43 - Proceedings to Discover Property Withheld.
81.44 - Proceedings Upon the Death of an Incapicitated Person.