N.Y. Mental Hygiene Law § 81.01: Legislative findings and purpose

§ 81.01 Legislative findings and purpose.

The legislature hereby finds that the needs of persons with

incapacities are as diverse and complex as they are unique to the

individual. The current system of conservatorship and committee does not

provide the necessary flexibility to meet these needs. Conservatorship

which traditionally compromises a person's rights only with respect to

property frequently is insufficient to provide necessary relief. On the

other hand, a committee, with its judicial finding of incompetence and

the accompanying stigma and loss of civil rights, traditionally involves

a deprivation that is often excessive and unnecessary. Moreover, certain

persons require some form of assistance in meeting their personal and

property management needs but do not require either of these drastic

remedies. The legislature finds that it is desirable for and beneficial

to persons with incapacities to make available to them the least

restrictive form of intervention which assists them in meeting their

needs but, at the same time, permits them to exercise the independence

and self-determination of which they are capable. The legislature

declares that it is the purpose of this act to promote the public

welfare by establishing a guardianship system which is appropriate to

satisfy either personal or property management needs of an incapacitated

person in a manner tailored to the individual needs of that person,

which takes in account the personal wishes, preferences and desires of

the person, and which affords the person the greatest amount of

independence and self-determination and participation in all the

decisions affecting such person's life.