US Laws, Codes, Statutes & Cases

 
  § 81.19 Eligibility as guardian.
    (a)  1. Any individual over eighteen years of age, or any parent under
  eighteen years of age, who is found by  the  court  to  be  suitable  to
  exercise  the powers necessary to assist the incapacitated person may be
  appointed as guardian, including but not  limited  to  a  spouse,  adult
  child, parent, or sibling.
    2.  A  not-for-profit corporation organized to act in such capacity, a
  social services official, or public agency authorized  to  act  in  such
  capacity  which  has  a  concern  for  the incapacitated person, and any
  community guardian program operating pursuant to the provisions of title
  three of article nine-B of the social services law which is found by the
  court to be suitable to perform  the  duties  necessary  to  assist  the
  incapacitated  person  may  be  appointed  as  guardian, provided that a
  community guardian program shall be appointed as guardian only  where  a
  special  proceeding for the appointment of a guardian under this article
  has been commenced by a social services official with whom such  program
  was contracted.
    3.  A  corporation, except that no corporation (other than as provided
  in paragraph two of this subdivision) may be authorized to exercise  the
  powers necessary to assist the incapacitated person with personal needs.
    (b)  The  court  shall  appoint  a person nominated as the guardian in
  accordance with the provisions of section 81.17 of this  article  unless
  the  court  determines the nominee is unfit or the alleged incapacitated
  person indicates that he or she no  longer  wishes  the  nominee  to  be
  appointed.
    (c) In the absence of a nomination in accordance with section 81.17 of
  this  article,  the court shall appoint a person nominated by the person
  alleged to be incapacitated orally or by conduct during the  hearing  or
  trial  unless  the court determines for good cause that such appointment
  is not appropriate.
    (d) In making any appointment  under  this  article  the  court  shall
  consider:
    1.  any  appointment  or  delegation  made by the person alleged to be
  incapacitated in accordance  with  the  provisions  of  section  5-1501,
  5-1601  or  5-1602  of  the  general  obligations  law  and sections two
  thousand  nine  hundred  sixty-five  and  two  thousand   nine   hundred
  eighty-one of the public health law;
    2.  the  social  relationship between the incapacitated person and the
  person, if any,  proposed  as  guardian,  and  the  social  relationship
  between  the  incapacitated  person and other persons concerned with the
  welfare of the incapacitated person;
    3. the care and services being provided to the incapacitated person at
  the time of the proceeding;
    4. the powers which the guardian will exercise;
    5. the educational, professional and business experience  relevant  to
  the nature of the services sought to be provided;
    6. the nature of the financial resources involved;
    7. the unique requirements of the incapacitated person; and
    8.  any  conflicts of interest between the person proposed as guardian
  and the incapacitated person.
    (e) Unless the court finds that no  other  person  or  corporation  is
  available  or  willing to act as guardian, or to provide needed services
  for the incapacitated person, the following persons or corporations  may
  not serve as guardian:
    1.  one  whose only interest in the person alleged to be incapacitated
  is that of a creditor;
    2. one, other than a relative, who is a provider, or the employee of a
  provider, of health care, day care, educational, or residential services
  to the incapacitated person, whether direct or indirect.
    (f) Mental hygiene legal service may not serve as a guardian.