2006 New York Code - Guardianship Of Mentally Retarded Persons

  § 1750. Guardianship of mentally retarded persons
    When it shall appear to the satisfaction of the court that a person is
  a  mentally  retarded  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  mentally
  retarded  person.  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 mentally retarded person.
    1.  For  the purposes of this article, a mentally retarded 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  mental  retardation,  having  qualifications to make such
  certification, as being incapable to manage him or herself and/or his or
  her affairs by reason of mental retardation 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 mentally retarded person  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 mentally retarded person
  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 mentally retarded person. 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.

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