N.Y. Mental Hygiene Law § 81.15: Findings

§ 81.15 Findings.

(a) Where the court determines that the person agrees to the

appointment and that the appointment is necessary, the court shall make

the following findings on the record:

1. the person's agreement to the appointment;

2. the person's functional limitations which impair the person's

ability to provide for personal needs or property management;

3. the necessity of the appointment of a guardian as a means of

providing for personal needs and/or property management for the person;

4. the specific powers of the guardian which constitute the least

restrictive form of intervention consistent with the person's functional

limitations; and

5. the duration of the appointment.

(b) Where the petition requests the appointment of a guardian to

provide for the personal needs for a person alleged to be incapacitated

and the court determines that such person is incapacitated and that the

appointment is necessary, the court shall make the following findings on

the record:

1. the person's functional limitations which impair the person's

ability to provide for personal needs;

2. the person's lack of understanding and appreciation of the nature

and consequences of his or her functional limitations;

3. the likelihood that the person will suffer harm because of the

person's functional limitations and inability to adequately understand

and appreciate the nature and consequences of such functional

limitations;

4. the necessity of the appointment of a guardian to prevent such

harm;

5. the specific powers of the guardian which constitute the least

restrictive form of intervention consistent with the findings of this

subdivision;

6. the duration of the appointment; and

7. whether the incapacitated person should receive copies of the

initial and annual report.

(c) Where the petition requests the appointment of a guardian for

property management for the person alleged to be incapacitated, and the

court determines that the person is incapacitated and that the

appointment of a guardian is necessary, the court shall make the

following findings on the record:

1. the type and amount of the property and financial resources of the

person alleged to be incapacitated;

2. the person's functional limitations which impair the person's

ability with respect to property management;

3. the person's lack of understanding and appreciation of the nature

and consequences of his or her functional limitations;

4. the likelihood that the person will suffer harm because of the

person's functional limitations and inability to adequately understand

and appreciate the nature and consequences of such functional

limitations;

5. any additional findings that are required under section 81.21 of

this article;

6. the necessity of the appointment of a guardian to prevent such

harm;

7. if so, the specific powers of the guardian which constitute the

least restrictive form of intervention consistent with the person's

functional limitations and the likelihood of harm because of the

person's inability to adequately understand and appreciate the nature

and consequences of such functional limitations;

8. the duration of the appointment; and

9. whether the incapacitated person should receive copies of the

initial and annual report.