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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 81.39: Guardian education requirements

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Where this section sits in the code
  1. Mental Hygiene Law
  2. Title E. General Provisions
  3. Article 81. Proceedings For Appointment of a Guardian For Personal Needs or Property Management

§ 81.39 Guardian education requirements.

(a) Each incapacitated person is entitled to a guardian whom the court

finds to be sufficiently capable of performing the duties and exercising

the powers of a guardian necessary to protect the incapacitated person.

(b) Each person appointed by the court to be a guardian must complete

a training program approved by the chief administrator which covers:

1. the legal duties and responsibilities of the guardian;

2. the rights of the incapacitated person;

3. the available resources to aid the incapacitated person;

4. an orientation to medical terminology, particularly that related to

the diagnostic and assessment procedures used to characterize the extent

and reversibility of any impairment;

5. the preparation of annual reports, including financial accounting

for the property and financial resources of the incapacitated person.

(c) The court may, in its discretion, waive some or all of the

requirements of this section or impose additional requirements. In doing

so, the court shall consider the experience and education of the

guardian with respect to the training requirements of this section, the

duties and powers assigned to the guardian, and the needs of the

incapacitated person.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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