§ 1750-A — Guardianship of persons who are developmentally disabled 1

New York § 1750-A

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled

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§ 1750-a. Guardianship of persons who are developmentally disabled\n 1. When it shall appear to the satisfaction of the court that a person\nis a person who is developmentally disabled, the court is authorized to\nappoint a guardian of the person or of the property or of both if such\nappointment of a guardian or guardians is in the best interest of the\nperson who is developmentally disabled. Such appointments shall be made\npursuant to the provisions of this article, provided however that the\nprovisions of section seventeen hundred fifty of this article shall not\napply to the appointment of a guardian or guardians of a person who is\ndevelopmentally disabled. For the purposes of this article, a person who\nis developmentally disabled is a person who has been certified by one\nlicensed physician and one licensed psychologist, or by two licensed\nphysicians at least one of whom is familiar with or has professional\nknowledge in the care and treatment of persons with developmental\ndisabilities, having qualifications to make such certification, as\nhaving an impaired ability to understand and appreciate the nature and\nconsequences of decisions which result in such person being incapable of\nmanaging himself or herself and/or his or her affairs by reason of\ndevelopmental disability and that such condition is permanent in nature\nor likely to continue indefinitely, and whose disability:\n (a) is attributable to cerebral palsy, epilepsy, neurological\nimpairment, autism or traumatic head injury;\n (b) is attributable to any other condition of a person found to be\nclosely related to intellectual disability because such condition\nresults in similar impairment of general intellectual functioning or\nadaptive behavior to that of persons with intellectual disabilities; or\n (c) is attributable to dyslexia resulting from a disability described\nin subdivision one or two of this section or from intellectual\ndisability; and\n (d) originates before such person attains age twenty-two, provided,\nhowever, that no such age of origination shall apply for the purposes of\nthis article to a person with traumatic head injury.\n 2. Notwithstanding any provision of law to the contrary, for the\npurposes of subdivision two of section seventeen hundred fifty and\nsection seventeen hundred fifty-b of this article, "a person who is\nintellectually disabled and his or her guardian" shall also mean a\nperson and his or her guardian appointed pursuant to this section;\nprovided that such person has been certified by the physicians and/or\npsychologists, specified in subdivision one of this section, as (i)\nhaving an intellectual disability, or (ii) having a developmental\ndisability, as defined in section 1.03 of the mental hygiene law, which\n(A) includes intellectual disability, or (B) results in a similar\nimpairment of general intellectual functioning or adaptive behavior so\nthat such person is incapable of managing himself or herself, and/or his\nor her affairs by reason of such developmental disability.\n