2006 New York Code - Dispositional Alternatives.

 
  § 81.16 Dispositional alternatives.
    (a) Dismissal of the petition.
    If  the person alleged to be incapacitated under this article is found
  not to be incapacitated, the court shall dismiss the petition.
    (b) Protective arrangements and single  transactions.  If  the  person
  alleged  to  be  incapacitated  is  found to be incapacitated, the court
  without appointing a guardian, may  authorize,  direct,  or  ratify  any
  transaction or series of transactions necessary to achieve any security,
  service,  or  care  arrangement  meeting  the  foreseeable  needs of the
  incapacitated person, or may authorize, direct, or ratify any  contract,
  trust,  or  other  transaction  relating  to  the incapacitated person's
  property  and  financial  affairs  if  the  court  determines  that  the
  transaction  is  necessary  as  a  means of providing for personal needs
  and/or property management for the alleged incapacitated person.  Before
  approving  a  protective  arrangement  or  other  transaction under this
  subdivision, the court shall consider the interests  of  dependents  and
  creditors  of  the  incapacitated  person,  and  in view of the person's
  functional level, whether the person needs the continuing protection  of
  a  guardian.  The  court may appoint a special guardian to assist in the
  accomplishment  of  any  protective  arrangement  or  other  transaction
  authorized  under  this subdivision. The special guardian shall have the
  authority conferred by the order of appointment,  shall  report  to  the
  court on all matters done pursuant to the order of appointment and shall
  serve  until  discharged  by order of the court. The court may approve a
  reasonable compensation for the special guardian; however, if the  court
  finds  that  the  special  guardian  has  failed to discharge his or her
  duties satisfactorily in any respect, the court may deny or  reduce  the
  amount of compensation or remove the special guardian.
    (c) Appointing a guardian.
    1.  If  the person alleged to be incapacitated is found to have agreed
  to the appointment of a guardian  and  the  court  determines  that  the
  appointment  of a guardian is necessary, the order of the court shall be
  designed to accomplish the least restrictive  form  of  intervention  by
  appointing  a  guardian with powers limited to those which the court has
  found necessary to assist the person in  providing  for  personal  needs
  and/or property management.
    2.  If  the  person  alleged  to  be  incapacitated  is  found  to  be
  incapacitated and  the  court  determines  that  the  appointment  of  a
  guardian  is  necessary,  the  order  of  the court shall be designed to
  accomplish the least restrictive form of intervention  by  appointing  a
  guardian  with  powers  limited  to  those  which  the  court  has found
  necessary to assist the incapacitated person in providing  for  personal
  needs and/or property management.
    3.  The  order  of  appointment shall identify all persons entitled to
  notice of all further proceedings.
    (d) The court shall direct that a judgment be entered determining  the
  rights of the parties.
    (e)  The order and judgment must be entered and served within ten days
  of the signing of the order. A copy of the order and judgment  shall  be
  personally served upon and explained to the person who is the subject of
  the  proceedings in a manner which the person can reasonably be expected
  to understand by the court evaluator, or by counsel for the  person,  or
  by the guardian.
    (f)  When a petition is granted, or where the court otherwise deems it
  appropriate,  the  court  may  award  reasonable  compensation  for  the
  attorney  for  the  petitioner,  including  the attorney general and the
  attorney for a local department of social services.