N.Y. Surrogate's Court Procedure Act § 1750: Guardianship of persons who are intellectually disabled When it shall appear to the satisfaction of the court that a person is a person w...

§ 1750. Guardianship of persons who are intellectually disabled

When it shall appear to the satisfaction of the court that a person is

a person who is intellectually disabled, the court is authorized to

appoint a guardian of the person or of the property or of both if such

appointment of a guardian or guardians is in the best interest of the

person who is intellectually disabled. Such appointment shall be made

pursuant to the provisions of this article, provided however that the

provisions of section seventeen hundred fifty-a of this article shall

not apply to the appointment of a guardian or guardians of a person who

is intellectually disabled.

1. For the purposes of this article, a person who is intellectually

disabled is a person who has been certified by one licensed physician

and one licensed psychologist, or by two licensed physicians at least

one of whom is familiar with or has professional knowledge in the care

and treatment of persons with an intellectual disability, having

qualifications to make such certification, as being incapable to manage

him or herself and/or his or her affairs by reason of intellectual

disability and that such condition is permanent in nature or likely to

continue indefinitely.

2. Every such certification pursuant to subdivision one of this

section, made on or after the effective date of this subdivision, shall

include a specific determination by such physician and psychologist, or

by such physicians, as to whether the person who is intellectually

disabled has the capacity to make health care decisions, as defined by

subdivision three of section twenty-nine hundred eighty of the public

health law, for himself or herself. A determination that the person who

is intellectually disabled has the capacity to make health care

decisions shall not preclude the appointment of a guardian pursuant to

this section to make other decisions on behalf of the person who is

intellectually disabled. The absence of this determination in the case

of guardians appointed prior to the effective date of this subdivision

shall not preclude such guardians from making health care decisions.