§ 81.03 — Definitions

New York § 81.03

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 81: Proceedings For Appointment of a Guardian For Personal Needs or Property Management

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§ 81.03 Definitions.\n When used in this article,\n (a) "guardian" means a person who is eighteen years of age or older, a\ncorporation, or a public agency, including a local department of social\nservices, appointed in accordance with terms of this article by the\nsupreme court, the surrogate's court, or the county court to act on\nbehalf of an incapacitated person in providing for personal needs and/or\nfor property management.\n (b) "functional level" means the ability to provide for personal needs\nand/or the ability with respect to property management.\n (c) "functional limitations" means behavior or conditions of a person\nwhich impair the ability to provide for personal needs and/or property\nmanagement.\n (d) "least restrictive form of intervention" means that the powers\ngranted by the court to the guardian with respect to the incapacitated\nperson represent only those powers which are necessary to provide for\nthat person's personal needs and/or property management and which are\nconsistent with affording that person the greatest amount of\nindependence and self-determination in light of that person's\nunderstanding and appreciation of the nature and consequences of his or\nher functional limitations.\n (e) "available resources" means resources such as, but not limited to,\nvisiting nurses, homemakers, home health aides, adult day care and\nmultipurpose senior citizen centers, powers of attorney, health care\nproxies, trusts, representative and protective payees, and residential\ncare facilities.\n (f) "personal needs" means needs such as, but not limited to, food,\nclothing, shelter, health care, and safety.\n (g) "property management" means taking actions to obtain, administer,\nprotect, and dispose of real and personal property, intangible property,\nbusiness property, benefits, and income and to deal with financial\naffairs.\n (h) "activities of daily living" means activities such as, but not\nlimited to, mobility, eating, toileting, dressing, grooming,\nhousekeeping, cooking, shopping, money management, banking, driving or\nusing public transportation, and other activities related to personal\nneeds and to property management.\n (i) "major medical or dental treatment" means a medical, surgical or\ndiagnostic intervention or procedure where a general anesthetic is used\nor which involves any significant risk or any significant invasion of\nbodily integrity requiring an incision or producing substantial pain,\ndiscomfort, debilitation, or having a significant recovery period, or\nwhich involves the administration of psychotropic medication or\nelectroconvulsive therapy; it does not include any routine diagnosis or\ntreatment such as the administration of medications other than\nchemotherapy for non-psychiatric conditions or nutrition or the\nextraction of bodily fluids for analysis; dental care performed with a\nlocal anesthetic; and any procedures which are provided under emergency\ncircumstances, pursuant to section two thousand five hundred four of the\npublic health law.\n (j) "life sustaining treatment" means medical treatment which is\nsustaining life functions and without which, according to reasonable\nmedical judgment, the patient will die within a relatively short time\nperiod.\n (k) "facility" means a facility, hospital, or school, or an alcoholism\nfacility in this state as such terms are defined in section 1.03 of this\nchapter, a substance abuse program as such term is defined in article\nnineteen of this chapter, an adult care facility as such term is defined\nin section two of the social services law, or a residential health care\nfacility or a general hospital as such terms are defined in section two\nthousand eight hundred one of the public health law.\n (l) "mental hygiene facility" means a facility, hospital, or school,\nor an alcoholism facility in this state as such terms are defined in\nsection 1.03 of this chapter.\n