N.Y. Social Services Law § 473-d: Community guardianship

§ 473-d. Community guardianship. 1. Definitions. When used in this

section unless otherwise expressly stated or unless the context or

subject matter requires a different interpretation:

(a) "Community guardian program" means a not-for-profit corporation

incorporated under the laws of the state of New York or a local

governmental agency which has contracted with or has an agreement with a

local social services official to provide conservatorship or

committeeship services to eligible persons as provided in this title.

(b) "Hospital" means a hospital as defined in subdivision one of

section two thousand eight hundred one of the public health law, or a

hospital as defined in subdivision ten of section 1.03 of the mental

hygiene law.

(c) "Residential facility" means a facility licensed pursuant to

article twenty-eight of the public health law, article nineteen,

twenty-three, thirty-one or thirty-two of the mental hygiene law, or

article seven of this chapter.

2. A social services official may contract with a community guardian

program for the provision of conservatorship or committeeship services.

A social services official may bring a petition to appoint a community

guardian program as conservator or committee for a person only if the

person is:

(a) eligible for and in receipt of adult protective services, as

defined in section four hundred seventy-three of this chapter, at the

time of the petition; and

(b) without a capable friend or relative or responsible agency willing

and able to serve as conservator or committee; and

(c) living outside of a hospital or residential facility, or living in

a hospital or residential facility and appointment of the community

guardian program is part of a plan to return such person to the

community.

3. A contract or agreement between a local social services official

and a community guardian program shall require that:

(a) the community guardian program shall make its best efforts to

maintain each person for whom the community guardian program is

appointed as conservator or committee in a place other than a hospital

or residential facility;

(b) the community guardian program shall petition the court to

relinquish its duties as conservator or committee if a person for whom

the community guardian program is appointed as conservator or committee

regains capacity or competence, or a capable friend or relative becomes

available to serve as conservator or committee, or the person must enter

a hospital or residential facility on a long-term basis;

(c) the community guardian program shall act on behalf of each person

for whom the community guardian program is appointed as conservator or

committee to obtain such medical, social, mental health, legal and other

services as are available and to which the person is entitled and as are

required for the person's safety and well-being and shall advocate for

all entitlements, public benefits, and services for which the person

qualifies and which the person requires;

(d) all remuneration awarded to the community guardian program by the

court from the estate of a person for whom the community guardian

program is appointed as conservator or committee shall be based upon the

cost of the community guardian program incurred in serving such person

or the fee that would otherwise be awarded by the court, whichever is

the lesser, and paid over to the social services district;

(e) the files and records of the community guardian program shall be

open to inspection to the local social services officials and the

department;

(f) no director, officer or employee of the community guardian program

shall have a substantial interest in any corporation, organization or

entity that provides services to any person for whom the community

guardian program is conservator or committee;

(g) the community guardian program shall obtain annually a statement

prepared by a physician, psychologist, nurse clinician, or social

worker, or other person evaluating the condition and functional level of

a person for whom the community guardian program serves as guardian

pursuant to paragraph five of subdivision (b) of section 81.31 of the

mental hygiene law and the appointing court shall be informed of the

results of such evaluation or examination and may discharge or modify

the powers of the guardian pursuant to section 81.36 of the mental

hygiene law. The person conducting the evaluation pursuant to this

paragraph shall not be affiliated with a community guardian program and

shall be acting within their lawful scope of practice as established

under the education law;

(h) persons hired by the community guardian program to provide

services to a person for whom the community guardian program has been

named conservator or committee shall have expertise in one or more of

the areas of mental health services, protective services, social

services or home care services or appropriate experience.

4. A local social services official shall not be relieved of any duty

to provide services to a person by reason of the operation of a

community guardian program in the locality or by cessation of such

program in the locality.

5. The department may promulgate rules and regulations necessary to

implement this title.

6. Expenditures made by a social services district, directly or

through purchase of services, in petitioning for or acting as a

conservator or committee, or made pursuant to contract for community

guardianship services in accordance with the provisions of this title,

shall be subject to reimbursement by the state, in accordance with

regulations of the department, in the amount of fifty per centum of such

expenditures, after first deducting therefrom any federal funds properly

received or to be received on account thereof and any amounts received

pursuant to paragraph (d) of subdivision three of this section.

7. Nothing in this title shall lessen or eliminate the

responsibilities and powers required by law of any agency, department,

or any subdivision thereof.

8. On or before December thirty-first, nineteen hundred eighty-seven,

the commissioner shall submit an interim report to the governor, the

temporary president of the senate and the speaker of the assembly

detailing progress and evaluating results of this program. On or before

December thirty-first, nineteen hundred eighty-eight, the commissioner

shall submit a final report to the governor, the temporary president of

the senate and the speaker of the assembly on the effectiveness of this

act.