2006 New York Code - Powers Of Guardian; Personal Needs.

 
  § 81.22 Powers of guardian; personal needs.
    (a)  Consistent  with  the functional limitations of the incapacitated
  person, that person's understanding and appreciation of the harm that he
  or she is likely to suffer as the result of the inability to provide for
  personal needs, and that  person's  personal  wishes,  preferences,  and
  desires  with regard to managing the activities of daily living, and the
  least restrictive form of intervention,  the  court  may  grant  to  the
  guardian  powers  necessary  and  sufficient to provide for the personal
  needs of the incapacitated person. Those powers  which  may  be  granted
  include, but are not limited to, the power to:
    1. determine who shall provide personal care or assistance;
    2.  make  decisions  regarding  social  environment  and  other social
  aspects of the life of the incapacitated person;
    3. determine whether the incapacitated person should travel;
    4. determine whether the incapacitated person should possess a license
  to drive;
    5. authorize access to or release of confidential records;
    6. make decisions regarding education;
    7. apply for government and private benefits;
    8. consent to or refuse generally accepted routine or major medical or
  dental treatment subject to the provisions of subdivision (e) of section
  81.29 of this  article  dealing  with  life  sustaining  treatment;  the
  guardian  shall  make  treatment  decisions consistent with the findings
  under section 81.15 of this article and in accordance with the patient's
  wishes, including the patient's religious and moral beliefs, or  if  the
  patient's wishes are not known and cannot be ascertained with reasonable
  diligence,  in  accordance with the person's best interests, including a
  consideration of  the  dignity  and  uniqueness  of  every  person,  the
  possibility   and   extent   of   preserving   the  person's  life,  the
  preservation, improvement or  restoration  of  the  person's  health  or
  functioning,  the  relief  of  the  person's suffering, the adverse side
  effects associated with the treatment, any  less  intrusive  alternative
  treatments, and such other concerns and values as a reasonable person in
  the incapacitated person's circumstances would wish to consider;
    9.  choose  the place of abode; the choice of abode must be consistent
  with the findings under section 81.15 of this article, the existence  of
  and   availability  of  family,  friends  and  social  services  in  the
  community, the care, comfort and  maintenance,  and  where  appropriate,
  rehabilitation of the incapacitated person, the needs of those with whom
  the  incapacitated person resides; placement of the incapacitated person
  in a nursing home or  residential  care  facility  as  those  terms  are
  defined  in  section two thousand eight hundred one of the public health
  law, or other similar facility  shall  not  be  authorized  without  the
  consent  of  the  incapacitated person so long as it is reasonable under
  the circumstances to maintain the incapacitated person in the community,
  preferably in the home of the incapacitated person.
    (b) No guardian may:
    1. consent to the  voluntary  formal  or  informal  admission  of  the
  incapacitated  person to a mental hygiene facility under article nine or
  fifteen of this chapter or  to  a  chemical  dependence  facility  under
  article twenty-two of this chapter;
    2.  revoke  any  appointment  or  delegation made by the incapacitated
  person pursuant to sections 5-1501, 5-1601 and  5-1602  of  the  general
  obligations  law,  sections two thousand nine hundred sixty-five and two
  thousand nine hundred eighty-one of the public health law, or any living
  will.