§ 83.03 — Definitions

New York § 83.03

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 83: Uniform Guardianship and Protective Proceedings Jurisdiction Act

Text

§ 83.03 Definitions.\n For purposes of this article, the following definitions shall apply:\n (a) "Adult" means an individual who has attained eighteen years of\nage.\n (b) "Emergency" means a circumstance that likely will result in\nsubstantial harm to a respondent's health, safety or welfare, and for\nwhich the appointment of a guardian is necessary because no other person\nhas authority and is willing to act on the respondent's behalf.\n (c) "Guardian of the property" means a person appointed by the court\nto administer the property of an adult, including a person appointed\nunder article eighty-one of this title and article seventeen-A of the\nsurrogate's court procedure act, and including a conservator appointed\nby a court in another state.\n (d) "Guardian of the person" means a person appointed by the court to\nmake decisions regarding the person of an adult, including a person\nappointed under article eighty-one of this title and article seventeen-A\nof the surrogate's court procedure act.\n (e) "Home state" means the state in which the respondent was\nphysically present, including any period of temporary absence, for at\nleast six consecutive months immediately before the filing of a petition\nfor a protective order or the appointment of a guardian of the person;\nor if none, the state in which the respondent was physically present,\nincluding any period of temporary absence, for at least six consecutive\nmonths ending within the six months prior to the filing of the petition.\n (f) "Party" means the respondent, petitioner, guardian of the person,\nconservator guardian of the property, or any other person allowed by the\ncourt to participate in a guardianship proceeding for the appointment of\na guardian of the person or a protective proceeding.\n (g) "Person", except in the term incapacitated person for whom a\nguardian of the person has been appointed or protected person, means an\nindividual, corporation, business trust, estate, trust, partnership,\nlimited liability company, association, joint venture, public\ncorporation, government or governmental subdivision, agency or\ninstrumentality, or any other legal or commercial entity.\n (h) "Protected person" means an adult for whom a protective order has\nbeen issued.\n (i) "Protective order" means an order appointing a conservator,\nguardian of the property or other order related to management of an\nadult's property.\n (j) "Protective proceeding" means a judicial proceeding in which a\nprotective order is sought or has been issued.\n (k) "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n (l) "Respondent" means an adult for whom a protective order or the\nappointment of a guardian of the person is sought.\n (m) "Significant-connection state" means a state, other than the home\nstate, with which a respondent has a significant connection other than\nmere physical presence and in which substantial evidence concerning the\nrespondent is available.\n (n) "State" means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, a federally\nrecognized Indian tribe, or any territory or insular possession subject\nto the jurisdiction of the United States.\n