2006 New York Code - Guardianship Of Developmentally Disabled Persons

  § 1750-a. Guardianship of developmentally disabled persons
    1. When it shall appear to the satisfaction of the court that a person
  is a developmentally disabled person, 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
  developmentally   disabled  person.  Such  appointments  shall  be  made
  pursuant to the provisions of this article, provided  however  that  the
  provisions  of section seventeen hundred fifty of this article shall not
  apply to the appointment of a guardian or guardians of a developmentally
  disabled person. For the purposes of  this  article,  a  developmentally
  disabled  person  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  developmental  disabilities,
  having  qualifications to make such certification, as having an impaired
  ability to understand and appreciate  the  nature  and  consequences  of
  decisions  which  result  in  such  person  being  incapable of managing
  himself or herself and/or his or her affairs by reason of  developmental
  disability  and  that such condition is permanent in nature or likely to
  continue indefinitely, and whose disability:
    (a)  is  attributable  to  cerebral  palsy,   epilepsy,   neurological
  impairment, autism or traumatic head injury;
    (b)  is  attributable  to  any other condition of a person found to be
  closely related to mental retardation because such condition results  in
  similar  impairment  of  general  intellectual  functioning  or adaptive
  behavior to that of mentally retarded persons; or
    (c) is attributable to dyslexia resulting from a disability  described
  in  subdivision  one  or two of this section or from mental retardation;
    (d) originates before such person attains  age  twenty-two,  provided,
  however, that no such age of origination shall apply for the purposes of
  this article to a person with traumatic head injury.
    2.  Notwithstanding  any  provision  of  law  to the contrary, for the
  purposes of subdivision two  of  section  seventeen  hundred  fifty  and
  section seventeen hundred fifty-b of this article, "a person with mental
  retardation and his or her guardian" shall also mean a person and his or
  her  guardian  appointed  pursuant  to  this section; provided that such
  person has  been  certified  by  the  physicians  and/or  psychologists,
  specified  in  subdivision  one  of  this  section, as (i) having mental
  retardation, or (ii) having a developmental disability,  as  defined  in
  section  1.03  of  the  mental  hygiene  law,  which (A) includes mental
  retardation,  or  (B)  results  in  a  similar  impairment  of   general
  intellectual  functioning  or  adaptive  behavior so that such person is
  incapable of managing himself or herself, and/or his or her  affairs  by
  reason of such developmental disability.

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