Legislation
SECTION 1750
Guardianship of persons who are intellectually disabled When it shall appear to the satisfaction of the court that a person is a person w...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 1750. Guardianship of persons who are intellectually disabled
When it shall appear to the satisfaction of the court that a person is
a person who is intellectually disabled, 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
person who is intellectually disabled. Such appointment shall be made
pursuant to the provisions of this article, provided however that the
provisions of section seventeen hundred fifty-a of this article shall
not apply to the appointment of a guardian or guardians of a person who
is intellectually disabled.
1. For the purposes of this article, a person who is intellectually
disabled is a person who has been certified by one licensed physician
and one licensed psychologist, or by two licensed physicians at least
one of whom is familiar with or has professional knowledge in the care
and treatment of persons with an intellectual disability, having
qualifications to make such certification, as being incapable to manage
him or herself and/or his or her affairs by reason of intellectual
disability and that such condition is permanent in nature or likely to
continue indefinitely.
2. Every such certification pursuant to subdivision one of this
section, made on or after the effective date of this subdivision, shall
include a specific determination by such physician and psychologist, or
by such physicians, as to whether the person who is intellectually
disabled has the capacity to make health care decisions, as defined by
subdivision three of section twenty-nine hundred eighty of the public
health law, for himself or herself. A determination that the person who
is intellectually disabled has the capacity to make health care
decisions shall not preclude the appointment of a guardian pursuant to
this section to make other decisions on behalf of the person who is
intellectually disabled. The absence of this determination in the case
of guardians appointed prior to the effective date of this subdivision
shall not preclude such guardians from making health care decisions.
When it shall appear to the satisfaction of the court that a person is
a person who is intellectually disabled, 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
person who is intellectually disabled. Such appointment shall be made
pursuant to the provisions of this article, provided however that the
provisions of section seventeen hundred fifty-a of this article shall
not apply to the appointment of a guardian or guardians of a person who
is intellectually disabled.
1. For the purposes of this article, a person who is intellectually
disabled is a person who has been certified by one licensed physician
and one licensed psychologist, or by two licensed physicians at least
one of whom is familiar with or has professional knowledge in the care
and treatment of persons with an intellectual disability, having
qualifications to make such certification, as being incapable to manage
him or herself and/or his or her affairs by reason of intellectual
disability and that such condition is permanent in nature or likely to
continue indefinitely.
2. Every such certification pursuant to subdivision one of this
section, made on or after the effective date of this subdivision, shall
include a specific determination by such physician and psychologist, or
by such physicians, as to whether the person who is intellectually
disabled has the capacity to make health care decisions, as defined by
subdivision three of section twenty-nine hundred eighty of the public
health law, for himself or herself. A determination that the person who
is intellectually disabled has the capacity to make health care
decisions shall not preclude the appointment of a guardian pursuant to
this section to make other decisions on behalf of the person who is
intellectually disabled. The absence of this determination in the case
of guardians appointed prior to the effective date of this subdivision
shall not preclude such guardians from making health care decisions.