New York Laws
MHY - Mental Hygiene
Title E - General Provisions

29.19 - Powers and Duties of Peace Officers Acting Pursuant to Their Special Duties and Police Officers to Apprehend, Restrain, and Transport Persons to Facil - special duties and police officers to apprehend, restrain, and transport...

29.20 - In-Patient Nasogastric Feeding Procedures. - The commissioners of the office of mental health and the...

29.21 - Care of Children Born to Patients. - If a child is born to a patient in a...

29.23 - Powers With Respect to Property of Persons Receiving Services. - The commissioner may authorize the directors of department facilities, to...

29.25 - Sale or Delivery of Alcoholic Beverages to Patients Prohibited. - Any person who knowingly sells, delivers, or gives away or...

29.27 - Incarcerated Individual-Patients Placed in the Custody of the Department. - (a) As used in this section, the term "incarcerated individual-patient"...

29.28 - Payment of Costs for Prosecution of Incarcerated Individual-Patients. - (a) When an incarcerated individual-patient, as defined in subdivision (a)...

29.29 - Incident Reporting Procedures. - (i) suicides or attempted suicides; (ii) violent behavior exhibited by...

Article 30 - Comprehensive Care Centers for Eating Disorders

30.01 - Legislative Findings. - The legislature hereby finds that effective diagnosis and treatment for...

30.02 - Definitions. - (a) "Eating disorder" is defined to include, but not be...

30.03 - Comprehensive Care Centers for Eating Disorders; Established. - (a) Promoting the operation of a continuum of comprehensive, coordinated...

30.04 - Qualifying Criteria. - (a) In order to qualify for state identification as a...

30.05 - State Identification of Comprehensive Care Centers for Eating Disorders; Commissioner's Written Notice. - (a) The commissioner shall identify a sufficient number of comprehensive...

30.06 - Restricted Use of Title. - No person or entity shall claim, advertise or imply to...

Article 31 - Regulation and Quality Control of Services for the Mentally Disabled

31.01 - Evaluation of Services for the Mentally Disabled. - (a) The commissioner shall ensure that all services for the...

31.02 - Operating Certificate Required. - (a) Except as provided in subdivision (b) of this section...

31.03 - Operating Certificates for Family Care Homes. - (a) No provider of services as a family care home...

31.04 - Regulatory Powers of the Commissioner. - (a) The commissioner shall have the power to adopt regulations...

31.05 - Issuance of an Operating Certificate. - (a) No operating certificate shall be issued by the commissioner...

31.06 - Child Abuse Prevention. - All facilities described in subdivision (a) of section 31.02 of...

31.07 - Investigations and Inspections. - The commissioner shall have the power to conduct investigations into...

31.08 - Compliance With Operational Standards by General Hospitals. - (a) Notwithstanding the provisions of section 31.07 of this article,...

31.09 - Powers of the Department Regarding Investigation and Inspection. - (a) In conducting an investigation or inspection, the commissioner or...

31.11 - Certain Duties of Providers of Services. - It shall be the duty of every holder of an...

31.13 - Powers of Subpoena and Examination. - In conducting any investigation, inspection, or hearing under this chapter,...

31.16 - Suspension, Revocation, or Limitation of an Operating Certificate and Imposition of Fines by the Commissioner of Mental Health. - (a) The commissioner of mental health may revoke, suspend, or...

31.17 - Formal Hearings; Procedure. - (a) When a hearing must be afforded pursuant to this...

31.19 - Confinement, Care, and Treatment of the Mentally Disabled. - (a) No individual who is or appears to be mentally...

31.20 - Temporary Operator. - (a) For the purposes of this section: (1) "Established operator"...

31.21 - Injunction and Temporary Restraining Order. - (a) The supreme court may enjoin violations or threatened violations...

31.22 - Approval of Certain Certificates of Incorporation or Articles of Organization; Granting of Operating Certificates. - (a) No certificate of incorporation of a business or not-for-profit...

31.23 - Approval of New Construction. - (a) As used or referred to in this section, unless...

31.25 - Residential Services for Treatment of Eating Disorders. - The commissioner shall establish, pursuant to regulation, licensed residential providers...

31.26 - Residential Treatment Facilities for Children and Youth. - (a) The commissioner may authorize the operation of residential treatment...

31.27 - Comprehensive Psychiatric Emergency Programs. - (a) As used in this section: (1) "Commissioner" means the...

31.35 - Review of Criminal History Information Concerning Certain Prospective Employees. - (b) Access to and the use of such information shall...

31.36 - Crisis Stabilization Services. - The commissioner shall be authorized, in conjunction with the commissioner...

31.37 - Mental Health Incident Review Panels. - (a) The commissioner is authorized to establish, on his or...

31.28 - Facilities; Receivership. - (a) The owner or owners of any facility may at...

31.29 - Monthly Personal Allowances. - (a) Each resident of a residential care center for adults...

31.30 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons. - (a) The commissioner in consultation with the executive director of...

31.31 - Improper Expenditure of Moneys. - (a) No provider of services licensed pursuant to this article...

31.33 - Mental Health Special Needs Plans. - The commissioner, jointly with the commissioner of health, shall be...

Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services.

32.01 - Regulation and Quality Control of Chemical Dependence Services. - This article sets forth provisions enabling the commissioner to regulate...

32.02 - Regulation and Quality Control of Compulsive Gambling Services. - (a) The commissioner may adopt any regulation reasonably necessary to...

32.03 - Evaluation of Chemical Dependence Services. - (a) The commissioner shall ensure that all chemical dependence services...

32.05 - Operating Certificate Required. - (a) Except as provided in subdivision (b) of this section...

32.05-A - Certified Recovery Residences. - (a) staffing; (b) referrals to and coordination with community and...

32.06 - Prohibited Practices by Providers of Substance Use Disorder Services. - (a) lawful payments by a health maintenance organization or health...

32.07 - Regulatory Powers of the Commissioner. - (a) The commissioner shall have the power to adopt regulations...

32.09 - Issuance of Operating Certificates. - (a) No operating certificate shall be issued by the commissioner...

32.11 - Child Abuse Prevention. - (a) develop, maintain and disseminate written policies and procedures pursuant...

32.13 - Investigations and Inspections. - The commissioner shall have the power to conduct investigations into...

32.14 - Compliance With Operational Standards by Providers of Services in General Hospitals. - (a) Notwithstanding the provisions of section 32.13 of this article,...

32.15 - Powers of the Office Regarding Investigation and Inspection. - (a) In conducting an investigation or inspection, the commissioner or...

32.17 - Certain Duties of Providers of Services. - (a) complying with the provisions of this chapter, other applicable...

32.17-A - Notification of Emergency Contact. - Every certified treatment program shall notify every patient of their...

32.19 - Powers of Subpoena and Examination. - In conducting any investigation, inspection, or hearing under this chapter,...

32.20 - Temporary Operator. - (a) "chemical dependence treatment program" shall mean a program certified...

32.21 - Suspension, Revocation, or Limitation of Operating Certificates and Imposition of Fines. - (a) The commissioner may revoke, suspend, or limit an operating...

32.23 - Formal Hearings; Procedure. - (a) Unless otherwise provided by law, when a hearing must...

32.25 - Confinement, Care, and Treatment of Persons Suffering From Chemical Abuse or Dependence. - (a) No individual who is or appears to be suffering...

32.27 - Injunction and Temporary Restraining Order. - (a) The supreme court may enjoin violations or threatened violations...

32.29 - Approval of New Construction. - (a) As used or referred to in this section, unless...

32.31 - Establishment or Incorporation of Facilities for Chemical Dependence Services. - (a) No provider of services or facility providing chemical dependence...

32.33 - Improper Expenditures of Money. - (a) No provider of services issued an operating certificate pursuant...

32.35 - Disclosure by Members, Officers and Employees. - In the event that a provider of services certified by...

32.36 - Crisis Stabilization Services. - The commissioner shall be authorized, in conjunction with the commissioner...

32.37 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary Not-for-Profit Facilities or Corporations. - (a) Notwithstanding any other law, rule, or regulation, the executive...

32.38 - The Recovery Tax Credit Program. - (a) Authorization. The commissioner is authorized to and shall establish...

32.39 - Fiscal Year Report. - (a) Every provider of chemical dependence services which is required...

Article 33 - Rights of Patients

33.01 - Protection of Patients' Rights. - Notwithstanding any other provision of law, no person shall be...

33.02 - Notice of Rights of Individuals With Mental Disabilities. - (a) In order to ensure that residents of facilities or...

33.03 - Quality of Care and Treatment. - (a) Each patient in a facility and each person receiving...

33.04 - Restraint of Patients. - (a) As used in this section, "restraint" means the use...

33.05 - Communications and Visits. - (a) Each patient in a facility shall have the right...

33.06 - Reports of Abuse, Neglect, and Significant Incidents. - The executive director of the justice center for the protection...

33.07 - Care and Custody of the Personal Property of Persons Receiving Services. - (a) A patient's right to retain his personal belongings upon...

33.08 - Personal Needs Allowance for Residents of State Psychiatric Centers and State Operated Alcoholism Facilities. - (a) For the purposes of this section: 1. "countable resources"...

33.09 - Employment of Patients. - (a) The department shall encourage employment of patients as part...

33.11 - Education for Children With Mental Disabilities. - The office of mental health and the office for people...

33.12 - Hearing Evaluation. - The office for people with developmental disabilities shall provide suitable...

33.13 - Clinical Records; Confidentiality. - (a) A clinical record for each patient or client shall...

33.14 - Sealing of Records Pertaining to Treatment for Mental Illness. - (a) (1) Any person who has been admitted to receive...

33.15 - Habeas Corpus. - (a) A person retained by a facility or the department...

33.16 - Access to Clinical Records. - (a) Definitions. For the purposes of this section: 1. "Clinical...

33.17 - Transportation of Individuals. - Within staffing limitations and upon request, an individual who is...

33.21 - Consent for Mental Health Treatment of Minors. - (a) For the purposes of this section: (1) "minor" shall...

33.23 - Incident Notifications and Reports. - (a) The director of a facility, as defined in subdivision...

33.25 - Release of Records Pertaining to Allegations and Investigations of Abuse and Mistreatment. - (a) Records and documents pertaining to allegations and investigations into...

33.27 - Independent Substance Use Disorder and Mental Health Ombudsman. - (a) There is hereby established the office of the independent...

33.28 - Independent Developmental Disability Ombudsman Program. - (a) There is hereby established by the office for people...

Article 36 - Addiction and Mental Health Services and Supports

36.01 - Crisis Stabilization Centers. - (a) (1) The commissioners are authorized to jointly license crisis...

36.02 - Referral to Crisis Stabilization Centers. - (a) A referral to crisis stabilization centers may include but...

36.03 - 9-8-8 Suicide Prevention and Behavioral Health Crisis Hotline System. - (a) Definitions. When used in this article, the following words...

36.04 - Certified Community Behavioral Health Clinics. - (a) The commissioners are authorized to jointly certify community behavioral...

36.05 - Certified Community Behavioral Health Clinics Indigent Care Program. - (a) (1) For periods on and after July first, two...

36.06 - Review of Criminal History Information. - (a) The justice center for the protection of people with...

Article 41 - Local Services

41.01 - Declaration of Purpose. - This article is designed to enable and encourage local governments...

41.03 - Definitions. - (b) Subject to the regulations of the commissioner, operating costs...

41.04 - Responsibilities of Commissioners of the Offices. - (a) In order to prevent unnecessary fragmentation in the planning...

41.05 - Local Governmental Unit. - (a) To be eligible for state aid pursuant to this...

41.07 - Provision of Services by the Local Governmental Unit. - (a) Local governmental units may provide local services and facilities...

41.09 - Director. - (a) Charter governments may provide for appointment and removal of...

41.10 - State Conference of Local Mental Hygiene Directors. - (a) There is hereby created the New York state conference...

41.11 - Composition of Boards. - (c) A person's public office or employment shall not bar...

41.13 - Powers and Duties of Local Governmental Units. - (a) Every local governmental unit shall: 1. review services and...

41.15 - Approved Plans and State Aid. - (a) Net operating costs of programs incurred pursuant to an...

41.16 - Local Planning; State and Local Responsibilities. - (a) Each of the offices of the department shall guide...

41.17 - State and Local Coordination. - (a) Within five years from the effective date of this...

41.18 - Local Services Plan; State Aid. - (a) A local services plan is a plan for the...

41.24 - Study on Alternative to Net Deficit Funding. - (a) A cost-related funding methodology which adequately pays for services...

41.25 - Fees. - (a) As a prerequisite for state aid, local governmental units...

41.27 - State Aid Procedures. - (a) State aid shall not be granted for capital costs...

41.29 - Liability of Local Government. - Any local government which has established a local governmental unit...

41.31 - Publication of Records. - Every local governmental unit shall make available in its office,...

41.32 - Transitional Provisions for Local Assistance Funding of Federally Funded Demonstration Projects for Treatment of Alcoholics. - federally funded demonstration projects for treatment of alcoholics. Notwithstanding any...

41.33 - Community Residences for the Mentally Disabled. - The commissioner shall have the power to operate or cause...

41.34 - Site Selection of Community Residential Facilities. - (a) For the purposes of this section, the following definitions...

41.35 - Demonstration Programs. - (b) The demonstration programs required to be developed pursuant to...

41.36 - Community Residential Facilities. - (a) Replacement of necessary clothing; (b) Personal requirements and incidental...

41.37 - Community Residence and Residential Treatment Facility for Children and Youth Development Grants. - (a) The commissioner of the office of mental health or...

41.38 - Rental and Mortgage Payments of Community Residential Facilities for the Mentally Ill. - (a) "Supportive housing" shall mean, for the purpose of this...

41.39 - Vocational Programs; Sheltered Workshop Industrial Contract Income. - (a) The commissioner of mental health and the commissioner of...

41.40 - Small Community Residential Facilities. - The commissioner of the office for people with developmental disabilities...

41.40*2 - Respite Services. - (a) Definitions. When read in this article: 1. "Respite" shall...

41.41 - Rights of Persons With Developmental Disabilities. - (a) The right to request an alternative residential setting, either...

41.42 - Family Support Programs. - The commissioner of mental health, directly or through contract, and...

41.43 - Family Support Services. - (a) The commissioner of the office for people with developmental...

41.44 - Community Residential Services for the Mentally Ill. - (a) The commissioner of mental health is authorized, within appropriations...

41.45 - Development Grants for Residential Care Centers for Adults. - The commissioner of mental health is authorized, within appropriations made...

41.46 - Disclosure by Members, Officers and Employees. - In the event that an agency licensed by the office...

41.47 - Community Support Services Program. - (a) As used in this section: (1) "Approved reimbursable rate"...

41.48 - Real Property Acquisition Options. - (a) Notwithstanding any inconsistent provision of this article and within...

41.49 - Adolescent Suicide Prevention Program. - 1. Within amounts appropriated, the office of mental health is...

41.49*2 - Community Based Mental Health Services for Seriously Emotionally Disturbed Children. - (i) is caused by a medically determined mental illness as...

41.50 - Development Grants for Comprehensive Psychiatric Emergency Programs. - programs. The commissioner of mental health may, subject to the...

41.51 - State Aid for Costs of Comprehensive Psychiatric Emergency Programs. - (a) Notwithstanding any inconsistent provision of this article, local governments...

41.52 - Community Residential Services for Alcoholism. - (a) The commissioner of alcoholism and substance abuse services is...

41.53 - Community Residence Development Grants for Alcoholism Services. - (a) The commissioner of alcoholism and substance abuse services is...

41.54 - Roles and Responsibilities of Certain Board Members. - Within appropriations made therefor, the commissioner of the appropriate office...

41.54*2 - Employee Assistance Programs. - (a) The director of the division of alcoholism and alcohol...

41.55 - Community Mental Health Support and Workforce Reinvestment Program. - (a) Community mental health support and workforce reinvestment funds shall...

41.57 - Compulsive Gambling Education and Treatment Program. - Notwithstanding any inconsistent provisions of this article and within amounts...

Article 43 - Fees for Services

43.01 - Fees and Rates for Department Services. - (a) The department shall charge fees for its services to...

43.02 - Rates or Methods of Payment for Services at Facilities Subject to Licensure or Certification by the Office of Mental Health, the Office for People With Developmental Disablities or the Office of Alcoholism and Substance Abuse Services. - (a) Notwithstanding any inconsistent provision of law, payment made by...

43.03 - Liability for Fees. - (a) The patient, his estate, his spouse, his parents or...

43.04 - Provider of Services Assessments. - (ii) For each provider of services in the categories of...

43.05 - Securing Financial Information. - (a) A person who applies for the reduction or waiver...

43.06 - Assessments. - (b)(i) For such hospitals which are providers of services, the...

43.07 - Bill Collection Procedures. - (a) The commissioner may enter into agreements with the patient...

43.09 - Certain Transactions Void. - A transaction between a patient or person liable for him...

43.11 - Refunds. - Payments received by the commissioner pursuant to this chapter may...

43.12 - Electronic Submission of Periodic Cost Reports to the Office for People With Developmental Disabilities. - people with developmental disabilities. Notwithstanding any provision of law, rule...

Article 47 - Mental Hygiene Legal Service

47.01 - Mental Hygiene Legal Service. - (a) There shall be a mental hygiene legal service of...

47.03 - Functions, Powers and Duties of the Service. - (a) To study and review the admission and retention of...

Article 61 - Federal Aid

61.01 - Receipt and Disbursement of Federal Funds. - (a) The commissioner or his authorized representative may receive, use,...

61.03 - Department Is Authorized State Agency. - The department shall be the authority, when designated by the...

61.05 - Advancement of State Mental Health and Developmental Disabilities Programs Through Intergovernmental Cooperation. - disabilities programs through intergovernmental cooperation. The commissioner may promote state...

Article 67 - Interstate Relations

67.01 - Report of Noncitizens. - The commissioner shall report to appropriate federal authorities all noncitizen...

67.03 - Residents. - (a) For the purposes of this article any person who...

67.05 - Nonresidents. - (a) The commissioner may enter into reciprocal agreements or establish...

67.07 - Interstate Compact. - (a) The interstate compact on mental health is hereby enacted...

67.08 - Patient Transfer to Foreign Nation. - (a) The commissioner, or his or her designee, shall have...

67.09 - Medicaid Home and Community Based Services Eligibility for Dependants of Certain Military Service Members. - (a) A dependent of a member of the armed forces...

Article 71 - Acquisition of Real Property

71.01 - Acquisition of Real Property. - (a) The head of each office of the department, as...

Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies

75.01 - Short Title. - This article shall be known and may be cited and...

75.03 - Policy and Purposes of Article. - It is hereby declared that the provision of new and...

75.05 - Definitions. - As used in this article the following words and phrases...

75.07 - Companies; How Created. - Notwithstanding the provisions of any other law or requirement to...

75.09 - Approval of Commissioner. - Whenever any such certificate shall be presented to the secretary...

75.13 - Powers and Limitations of a Company. - (a) Except as is inconsistent with the provisions of this...

75.15 - Members, Officers, and Directors. - No member or director of a company shall receive any...

75.17 - Mortgage Loans. - (a) Any company formed under this article may, subject to...

75.19 - Conditions and Security for Loans. - No loan shall be made by the New York state...

75.21 - Rates and Fees. - A company shall, with the approval of the commissioner, fix...

75.23 - Transfer of Real Property. - Notwithstanding any requirement of law to the contrary or any...

75.25 - Supervision and Regulation. - (a) The commissioner may from time to time make, alter,...

75.27 - Voluntary Dissolution. - At any time after the expiration of twenty years after...

75.29 - Foreclosures and Judgments. - (a) In any foreclosure action the commissioner shall be made...

75.33 - Fees and Charges. - The commissioner may by regulation establish and charge to any...

75.35 - Separability. - If any clause, sentence, paragraph, or part of this article...

Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration

79.01 - Definitions. - The term "person" includes a partnership, corporation, or an association....

79.03 - Application. - Whenever, pursuant to any law of the United States or...

79.05 - Limitations on Number of Wards. - Except as hereinafter provided it shall be unlawful for any...

79.07 - Petition; Contents. - A petition for the appointment of a guardian for an...

79.09 - Consolidated Procedure. - Upon petition for the appointment of a guardian the court...

79.11 - Prima Facie Evidence of Infancy or Incompetency. - (a) Where a petition is filed for the appointment of...

79.13 - Notice. - (a) Upon the filing of a petition for the appointment...

79.15 - Bonds; Sureties. - Before making an appointment under the provisions of this article...

79.17 - Accounts. - (a) Every guardian or committee, whether appointed under this article...

79.19 - Removal of Guardian for Failure to Account or for Other Reasons. - If any guardian shall fail to file any account of...

79.21 - Compensation of Guardian. - (a) Where a guardian has received only the benefits from...

79.23 - Investments by Guardians. - (a) A guardian of an infant ward, in the investment...

79.25 - Maintenance and Support. - A guardian shall not apply any portion of the estate...

79.27 - Filing and Recording of Papers and Copies of Public Records to Be Furnished. - be furnished. The official, charged with the responsibility of receiving...

79.29 - Admission and Retention of Mentally Ill Veterans. - Whenever it appears that a mentally ill veteran of any...

79.31 - Discharge of Guardian. - (a) When a minor ward for whom a guardian has...

79.33 - Liberal Construction. - This article shall be construed liberally to secure the beneficial...

79.35 - Uniformity of Construction. - This article shall be so interpreted and construed as to...

79.37 - Invalidity of Part of Article. - The invalidity of any portion of this article shall not...

79.39 - Recognition of Veterans' Administration as a Party in Interest. - (a) With respect to benefits from the administration or the...

79.41 - Funds to Be Kept Separate. - Every guardian shall keep the funds received by him in...

79.43 - Notice of Pendency of Proceeding; Effect. - In all proceedings taken under this article, if real property...

Article 80 - Surrogate Decision-Making for Medical Care and Treatment

80.01 - Legislative Findings and Purpose. - The legislature hereby finds and declares that timely access to...

80.03 - Definitions. - (a) "Major medical treatment" means a medical, surgical or diagnostic...

80.05 - Surrogate Decision-Making Committees and Panels; Organization. - (a) Surrogate decision-making committees of at least twelve persons shall...

80.07 - Procedures of the Committees and Panels. - (a) The committee shall receive declarations filed on behalf of...

80.09 - Right of Appeal; Temporary Restraining Order. - The patient, declarant, a parent, spouse, adult child, conservator, legal...

80.11 - Effect of Determination That a Person Is in Need of Surrogate Decision-Making. - decision-making. The determination by a panel that a patient is...

80.13 - Committee Reports. - The chairman of each committee shall provide a quarterly report...

Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management

81.01 - Legislative Findings and Purpose. - The legislature hereby finds that the needs of persons with...

81.02 - Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment. - (a) The court may appoint a guardian for a person...

81.03 - Definitions. - (a) "guardian" means a person who is eighteen years of...

81.04 - Jurisdiction. - (a) If after a hearing or trial in accordance with...

81.05 - Venue. - (a) A proceeding under this article shall be brought in...

81.06 - Who May Commence a Proceeding. - (a) A proceeding under this article shall be commenced by...

81.07 - Notice. - (a) Proceeding. A proceeding under this article shall be commenced...

81.08 - Petition. - (a) The petition shall be verified under oath and shall...

81.09 - Appointment of Court Evaluator. - (a) At the time of the issuance of the order...

81.10 - Counsel. - (a) Any person for whom relief under this article is...

81.11 - Hearing. - (a) A determination that the appointment of a guardian is...

81.12 - Burden and Quantum of Proof. - (a) A determination that a person is incapacitated under the...

81.13 - Timing of Hearing. - Unless the court, for good cause shown, orders otherwise, a...

81.14 - Record of the Proceedings. - (a) A record of the proceedings shall be made in...

81.15 - Findings. - (a) Where the court determines that the person agrees to...

81.16 - Dispositional Alternatives. - (a) Dismissal of the petition. If the person alleged to...

81.17 - Nomination of Guardian. - In the petition, or in a written instrument duly executed,...

81.18 - Foreign Guardian for a Person Not Present in the State. - Where the person alleged to be incapacitated is not present...

81.19 - Eligibility as Guardian. - (a) 1. Any individual over eighteen years of age, or...

81.20 - Duties of Guardian. - (a) Duties of guardian generally. 1. a guardian shall exercise...

81.21 - Powers of Guardian; Property Management. - (a) Consistent with the functional limitations of the incapacitated person,...

81.22 - Powers of Guardian; Personal Needs. - (a) Consistent with the functional limitations of the incapacitated person,...

81.23 - Provisional Remedies. - (a) Temporary guardian. 1. At the commencement of the proceeding...

81.24 - Notice of Pendency. - The petitioner shall, prior to judgment, file a notice of...

81.25 - Filing of Bond by Guardian. - (a) Before the guardian, or special guardian appointed under this...

81.26 - Designation of Clerk to Receive Process. - No commission shall issue nor shall any order which in...

81.27 - Commission to Guardian. - Within five days after the guardian has filed a designation...

81.28 - Compensation of Guardian. - (a) The court shall establish, and may from time to...

81.29 - Effect of the Appointment on the Incapacitated Person. - (a) An incapacitated person for whom a guardian has been...

81.30 - Initial Report. - (a) No later than ninety days after the issuance of...

81.31 - Annual Report. - (a) Filing of annual report. Every guardian shall file a...

81.32 - Examination of Initial and Annual Reports. - (a) Examination of reports generally. 1. Initial report. Within thirty...

81.33 - Intermediate and Final Report. - (a) A guardian may move in the court of his...

81.34 - Decree on Filing Instruments Approving Accounts. - (a) The guardian or the personal representative of the guardian...

81.35 - Removal of Guardian. - Upon motion, the court appointing a guardian may remove such...

81.36 - Discharge or Modification of Powers of Guardian. - (a) The court appointing the guardian shall discharge such guardian,...

81.37 - Resignation or Suspension of Powers of Guardian. - (a) The court appointing a guardian may allow the guardian...

81.38 - Vacancy in Office. - (a) Interim guardian. A vacancy created by the death, removal,...

81.39 - Guardian Education Requirements. - (a) Each incapacitated person is entitled to a guardian whom...

81.40 - Court Evaluator Education Requirements. - (a) Each incapacitated person is entitled to a court evaluator...

81.41 - Court Examiner Education Requirements. - (a) Each incapacitated person is entitled to a thorough examination...

81.42 - Compliance. - (a) A motion to dismiss based on the alleged failure...

81.43 - Proceedings to Discover Property Withheld. - (a) To the extent that it is consistent with the...

81.44 - Proceedings Upon the Death of an Incapicitated Person. - (a) When used in this section: 1. "Statement of death"...

Article 82 - Supported Decision-Making

82.01 - Legislative Findings and Purpose. - (a) The legislature finds that a person's right to make...

82.02 - Definitions. - (a) "abuse" encompasses physical abuse, sexual abuse, and emotional abuse,...

82.03 - Presumption of Capacity. - (a) For the purposes of this article, every adult shall...

82.04 - Scope. - (a) If a decision-maker voluntarily enters into a supported decision-making...

82.05 - Duties, Responsibilities, and Authority of Supporters. - (a) A supporter must: 1. respect the decision-maker's right to...

82.06 - Formation and Term of Agreement. - (a) An adult may enter into a supported decision-making agreement...

82.07 - Revocation and Amendment of Agreement. - (a) The decision-maker may revoke all or part of a...

82.08 - Eligibility and Resignation of Supporters. - (a) A supporter shall be any adult chosen by the...

82.09 - Facilitation of Agreement. - The provisions of section 82.11 and subdivisions (b) through (d)...

82.10 - Form of Agreement. - (a) A supported decision-making agreement may be in any form...

82.11 - Legal Effect of Decisions Made With Support and Third Party Obligations. - (a) This section shall apply only to decisions made pursuant...

82.12 - Limitations on Liability. - (a) Subdivisions (b), (c) and (d) of this section shall...

82.13 - Supporter Notice. - (a) If any state or municipal law requires that an...

82.14 - Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation. - (a) Any person who receives a copy of or an...

82.15 - Rules and Regulations. - (a) The commissioner of the office for people with developmental...

Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act

83.01 - Short Title. - This article shall be known and may be cited as...

83.03 - Definitions. - (a) "Adult" means an individual who has attained eighteen years...

83.05 - International Application of This Article. - A court of this state may treat a foreign country...

83.07 - Communication Between Courts. - (a) A court of this state may communicate with a...

83.09 - Cooperation Between Courts. - (a) In a proceeding for the appointment of a guardian...

83.11 - Taking Testimony in Another State. - (a) In a proceeding for the appointment of a guardian...

83.13 - Significant Connection Factors. - (a) the location of the respondent's family and other persons...

83.15 - Exclusive Basis. - Subject to section 81.18 of this title, this article provides...

83.17 - Jurisdiction. - (a) the state is the respondent's home state; (b) on...

83.19 - Special Jurisdiction. - (a) A court of this state lacking jurisdiction under section...

83.21 - Exclusive and Continuing Jurisdiction. - Except as otherwise provided in section 83.19 of this article,...

83.23 - Appropriate Forum. - (a) A court of this state having jurisdiction under section...

83.25 - Jurisdiction Declined by Reason of Conduct. - (a) If at any time a court of this state...

83.27 - Notice of Proceeding. - If a petition for the appointment of a guardian of...

83.29 - Proceedings in More Than One State. - (a) If the court in this state has jurisdiction under...

83.31 - Transfer of Guardianship or Conservatorship to Another State. - (a) A guardian of the person or a guardian of...

83.33 - Accepting Guardianship or Conservatorship Transferred From Another State. - (a) To confirm transfer of a guardianship of the person...

83.35 - Registration of Orders Appointing a Guardian of the Person. - If a guardian of the person by whatever name designated...

83.37 - Registration of Protective Orders. - If a guardian of the property has been appointed in...

83.39 - Effect of Registration. - (a) Upon registration of an order appointing a guardian of...

83.41 - Uniformity of Application and Construction. - In applying and construing this article, consideration must be given...

83.43 - Relation to Electronic Signatures in Global and National Commerce Act. - commerce act. This article modifies, limits and supersedes the federal...

83.45 - Transitional Provision. - (a) This article applies to proceedings begun on or after...

Article 84 - New York Achieving a Better Life Experience Savings Account Act

84.01 - Short Title. - This article shall be known and may be cited as...

84.03 - Definitions. - As used in this article: 1. The term "financial organization"...

84.05 - Powers and Duties of the Comptroller. - (a) Financial stability and integrity of the financial organization; (b)...

84.07 - Ny Able Account Advisory Council. - (a) Study and review the work of the comptroller in...

84.09 - Program Requirements. - (i) the name, address and social security number or employer...

84.11 - Distribution Requirements. - Designated beneficiaries shall be eligible for a distribution from the...

Article 91 - Laws Repealed; Savings Clause; Time of Taking Effect

91.01 - Laws Repealed. - Chapter four hundred twenty-six of the laws of nineteen hundred...

91.02 - Application of Certain Amendments, Repeals or Additions to Former Mental Hygiene Law. - (a) An act of the legislature of the year in...

91.03 - Savings Clause. - Nothing contained in this chapter or any act amendatory thereof...

91.04 - Separability Clause. - If any clause, sentence, paragraph, section, or part of this...

91.05 - Time of Taking Effect. - This act shall take effect on the first day of...

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New York Laws MHY - Mental Hygiene Title E - General Provisions

New York Laws
MHY - Mental Hygiene
Title E - General Provisions