N.Y. Mental Hygiene Law § 83.03: Definitions

§ 83.03 Definitions.

For purposes of this article, the following definitions shall apply:

(a) "Adult" means an individual who has attained eighteen years of

age.

(b) "Emergency" means a circumstance that likely will result in

substantial harm to a respondent's health, safety or welfare, and for

which the appointment of a guardian is necessary because no other person

has authority and is willing to act on the respondent's behalf.

(c) "Guardian of the property" means a person appointed by the court

to administer the property of an adult, including a person appointed

under article eighty-one of this title and article seventeen-A of the

surrogate's court procedure act, and including a conservator appointed

by a court in another state.

(d) "Guardian of the person" means a person appointed by the court to

make decisions regarding the person of an adult, including a person

appointed under article eighty-one of this title and article seventeen-A

of the surrogate's court procedure act.

(e) "Home state" means the state in which the respondent was

physically present, including any period of temporary absence, for at

least six consecutive months immediately before the filing of a petition

for a protective order or the appointment of a guardian of the person;

or if none, the state in which the respondent was physically present,

including any period of temporary absence, for at least six consecutive

months ending within the six months prior to the filing of the petition.

(f) "Party" means the respondent, petitioner, guardian of the person,

conservator guardian of the property, or any other person allowed by the

court to participate in a guardianship proceeding for the appointment of

a guardian of the person or a protective proceeding.

(g) "Person", except in the term incapacitated person for whom a

guardian of the person has been appointed or protected person, means an

individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public

corporation, government or governmental subdivision, agency or

instrumentality, or any other legal or commercial entity.

(h) "Protected person" means an adult for whom a protective order has

been issued.

(i) "Protective order" means an order appointing a conservator,

guardian of the property or other order related to management of an

adult's property.

(j) "Protective proceeding" means a judicial proceeding in which a

protective order is sought or has been issued.

(k) "Record" means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form.

(l) "Respondent" means an adult for whom a protective order or the

appointment of a guardian of the person is sought.

(m) "Significant-connection state" means a state, other than the home

state, with which a respondent has a significant connection other than

mere physical presence and in which substantial evidence concerning the

respondent is available.

(n) "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, a federally

recognized Indian tribe, or any territory or insular possession subject

to the jurisdiction of the United States.