2012 New York Consolidated Laws
SOS - Social Services
Article 9-B - ADULT PROTECTIVE SERVICES
Title 3 - (473-D - 473-E) COMMUNITY GUARDIANSHIP
473-D - Community guardianship.

 
    §  473-d.  Community  guardianship.  1. Definitions. When used in this
  section unless otherwise expressly  stated  or  unless  the  context  or
  subject matter requires a different interpretation:
    (a)  "Community  guardian  program" means a not-for-profit corporation
  incorporated under the laws  of  the  state  of  New  York  or  a  local
  governmental agency which has contracted with or has an agreement with a
  local   social   services   official   to   provide  conservatorship  or
  committeeship services to eligible persons as provided in this title.
    (b) "Hospital" means a hospital  as  defined  in  subdivision  one  of
  section  two  thousand  eight hundred one of the public health law, or a
  hospital as defined in subdivision ten of section  1.03  of  the  mental
  hygiene law.
    (c)  "Residential  facility"  means  a  facility  licensed pursuant to
  article  twenty-eight  of  the  public  health  law,  article  nineteen,
  twenty-three,  thirty-one  or  thirty-two  of the mental hygiene law, or
  article seven of this chapter.
    2. A social services official may contract with a  community  guardian
  program  for the provision of conservatorship or committeeship services.
  A social services official may bring a petition to appoint  a  community
  guardian  program  as  conservator or committee for a person only if the
  person is:
    (a) eligible for and in  receipt  of  adult  protective  services,  as
  defined  in  section  four hundred seventy-three of this chapter, at the
  time of the petition; and
    (b) without a capable friend or relative or responsible agency willing
  and able to serve as conservator or committee; and
    (c) living outside of a hospital or residential facility, or living in
  a hospital or residential facility  and  appointment  of  the  community
  guardian  program  is  part  of  a  plan  to  return  such person to the
  community.
    3. A contract or agreement between a local  social  services  official
  and a community guardian program shall require that:
    (a)  the  community  guardian  program  shall make its best efforts to
  maintain  each  person  for  whom  the  community  guardian  program  is
  appointed  as  conservator or committee in a place other than a hospital
  or residential facility;
    (b) the  community  guardian  program  shall  petition  the  court  to
  relinquish  its  duties as conservator or committee if a person for whom
  the community guardian program is appointed as conservator or  committee
  regains  capacity or competence, or a capable friend or relative becomes
  available to serve as conservator or committee, or the person must enter
  a hospital or residential facility on a long-term basis;
    (c) the community guardian program shall act on behalf of each  person
  for  whom  the community guardian program is appointed as conservator or
  committee to obtain such medical, social, mental health, legal and other
  services as are available and to which the person is entitled and as are
  required for the person's safety and well-being and shall  advocate  for
  all  entitlements,  public  benefits,  and services for which the person
  qualifies and which the person requires;
    (d) all remuneration awarded to the community guardian program by  the
  court  from  the  estate  of  a  person  for whom the community guardian
  program is appointed as conservator or committee shall be based upon the
  cost of the community guardian program incurred in serving  such  person
  or  the  fee  that would otherwise be awarded by the court, whichever is
  the lesser, and paid over to the social services district;
    (e) the files and records of the community guardian program  shall  be
  open  to  inspection  to  the  local  social  services officials and the
  department;

    (f) no director, officer or employee of the community guardian program
  shall have a substantial interest in any  corporation,  organization  or
  entity  that  provides  services  to  any  person for whom the community
  guardian program is conservator or committee;
    (g)  the  community  guardian  program shall obtain annual assessments
  from two qualified psychiatrists or one qualified psychiatrist  and  one
  qualified  psychologist  who  are  independent of the community guardian
  program of persons for whom it serves as  committee  or  conservator  to
  determine whether continuation of the guardianship is necessary, and the
  appointing  court  shall  be informed of the results of such assessments
  and may discharge the  community  guardian  program  as  conservator  or
  committee  pursuant  to  sections  77.35 and 78.27 of the mental hygiene
  law;
    (h) persons  hired  by  the  community  guardian  program  to  provide
  services  to  a  person for whom the community guardian program has been
  named conservator or committee shall have expertise in one  or  more  of
  the  areas  of  mental  health  services,  protective  services,  social
  services or home care services or appropriate experience.
    4. A local social services official shall not be relieved of any  duty
  to  provide  services  to  a  person  by  reason  of  the operation of a
  community guardian program in the  locality  or  by  cessation  of  such
  program in the locality.
    5.  The  department  may promulgate rules and regulations necessary to
  implement this title.
    6. Expenditures made  by  a  social  services  district,  directly  or
  through  purchase  of  services,  in  petitioning  for  or  acting  as a
  conservator or committee, or made pursuant  to  contract  for  community
  guardianship  services  in accordance with the provisions of this title,
  shall be subject to reimbursement  by  the  state,  in  accordance  with
  regulations of the department, in the amount of fifty per centum of such
  expenditures, after first deducting therefrom any federal funds properly
  received  or  to be received on account thereof and any amounts received
  pursuant to paragraph (d) of subdivision three of this section.
    7.  Nothing  in   this   title   shall   lessen   or   eliminate   the
  responsibilities  and  powers required by law of any agency, department,
  or any subdivision thereof.
    8. On or before December thirty-first, nineteen hundred  eighty-seven,
  the  commissioner  shall  submit  an interim report to the governor, the
  temporary president of the  senate  and  the  speaker  of  the  assembly
  detailing  progress and evaluating results of this program. On or before
  December thirty-first, nineteen hundred eighty-eight,  the  commissioner
  shall  submit a final report to the governor, the temporary president of
  the senate and the speaker of the assembly on the effectiveness of  this
  act.