N.Y. Mental Hygiene Law § 81.03: Definitions

§ 81.03 Definitions.

When used in this article,

(a) "guardian" means a person who is eighteen years of age or older, a

corporation, or a public agency, including a local department of social

services, appointed in accordance with terms of this article by the

supreme court, the surrogate's court, or the county court to act on

behalf of an incapacitated person in providing for personal needs and/or

for property management.

(b) "functional level" means the ability to provide for personal needs

and/or the ability with respect to property management.

(c) "functional limitations" means behavior or conditions of a person

which impair the ability to provide for personal needs and/or property

management.

(d) "least restrictive form of intervention" means that the powers

granted by the court to the guardian with respect to the incapacitated

person represent only those powers which are necessary to provide for

that person's personal needs and/or property management and which are

consistent with affording that person the greatest amount of

independence and self-determination in light of that person's

understanding and appreciation of the nature and consequences of his or

her functional limitations.

(e) "available resources" means resources such as, but not limited to,

visiting nurses, homemakers, home health aides, adult day care and

multipurpose senior citizen centers, powers of attorney, health care

proxies, trusts, representative and protective payees, and residential

care facilities.

(f) "personal needs" means needs such as, but not limited to, food,

clothing, shelter, health care, and safety.

(g) "property management" means taking actions to obtain, administer,

protect, and dispose of real and personal property, intangible property,

business property, benefits, and income and to deal with financial

affairs.

(h) "activities of daily living" means activities such as, but not

limited to, mobility, eating, toileting, dressing, grooming,

housekeeping, cooking, shopping, money management, banking, driving or

using public transportation, and other activities related to personal

needs and to property management.

(i) "major medical or dental treatment" means a medical, surgical or

diagnostic intervention or procedure where a general anesthetic is used

or which involves any significant risk or any significant invasion of

bodily integrity requiring an incision or producing substantial pain,

discomfort, debilitation, or having a significant recovery period, or

which involves the administration of psychotropic medication or

electroconvulsive therapy; it does not include any routine diagnosis or

treatment such as the administration of medications other than

chemotherapy for non-psychiatric conditions or nutrition or the

extraction of bodily fluids for analysis; dental care performed with a

local anesthetic; and any procedures which are provided under emergency

circumstances, pursuant to section two thousand five hundred four of the

public health law.

(j) "life sustaining treatment" means medical treatment which is

sustaining life functions and without which, according to reasonable

medical judgment, the patient will die within a relatively short time

period.

(k) "facility" means a facility, hospital, or school, or an alcoholism

facility in this state as such terms are defined in section 1.03 of this

chapter, a substance abuse program as such term is defined in article

nineteen of this chapter, an adult care facility as such term is defined

in section two of the social services law, or a residential health care

facility or a general hospital as such terms are defined in section two

thousand eight hundred one of the public health law.

(l) "mental hygiene facility" means a facility, hospital, or school,

or an alcoholism facility in this state as such terms are defined in

section 1.03 of this chapter.