S T A T E   O F   N E W   Y O R K
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                                 2125--A
                                                        Cal. No. 457

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. ABINANTI, FAHY, GOTTFRIED, JAFFEE, MARKEY, MAYER,
  PAULIN,  SCHIMMINGER,  RA  -- Multi-Sponsored by -- M. of A. BUCHWALD,
  TITUS -- read once and referred  to  the  Committee  on  Judiciary  --
  recommitted  to the Committee on Judiciary in accordance with Assembly
  Rule 3, sec. 2 -- passed by Assembly  and  delivered  to  the  Senate,
  recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
  people with intellectual disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of  article  17-A  of  the  surrogate's
court  procedure  act,  as  added by chapter 675 of the laws of 1989, is
amended to read as follows:
                     GUARDIANS OF [MENTALLY RETARDED]
               PERSONS WHO ARE INTELLECTUALLY DISABLED AND
                   DEVELOPMENTALLY DISABLED [PERSONS]
  S 2. Section 1750 of the surrogate's court procedure act,  as  amended
by chapter 500 of the laws of 2002, is amended to read as follows:
S 1750. Guardianship  of [mentally retarded] persons WHO ARE INTELLECTU-
           ALLY DISABLED
  When it shall appear to the satisfaction of the court that a person is
a [mentally retarded] 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 [mentally retarded] person WHO IS INTELLECTUALLY DISA-
BLED.  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 [mentally retarded] person WHO IS INTELLECTU-
ALLY DISABLED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04196-03-6

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  1. For the purposes of this article, a [mentally retarded] 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 [mental retardation]
AN  INTELLECTUAL  DISABILITY, having qualifications to make such certif-
ication, as being incapable to manage him or herself and/or his  or  her
affairs  by  reason  of [mental retardation] INTELLECTUAL DISABILITY and
that such condition is permanent in nature or likely to continue indefi-
nitely.
  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 [mentally retarded] 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
[mentally retarded] person WHO IS INTELLECTUALLY DISABLED has the capac-
ity 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  [mentally  retarded]  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 guard-
ians from making health care decisions.
  S 3. Section 1750-a of the surrogate's court procedure act, as amended
by chapter 744 of the laws of 2005, is amended to read as follows:
S  1750-a.  Guardianship  of  PERSONS  WHO  ARE developmentally disabled
[persons]
  1. When it shall appear to the satisfaction of the court that a person
is a PERSON WHO IS  developmentally  disabled  [person],  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 developmentally disabled [person]. Such
appointments shall be made pursuant to the provisions of  this  article,
provided  however that the provisions of section seventeen hundred fifty
of this article shall not apply to the  appointment  of  a  guardian  or
guardians  of a PERSON WHO IS developmentally disabled [person]. For the
purposes of this article,  a  PERSON  WHO  IS  developmentally  disabled
[person]  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 developmental disabilities, having  quali-
fications  to  make such certification, as having an impaired ability to
understand and appreciate the nature and consequences of decisions which
result in such person being incapable of  managing  himself  or  herself
and/or his or her affairs by reason of developmental disability and that
such  condition is permanent in nature or likely to continue indefinite-
ly, and whose disability:
  (a) is attributable to cerebral palsy, epilepsy, neurological  impair-
ment, autism or traumatic head injury;
  (b)  is  attributable  to  any other condition of a person found to be
closely related to [mental retardation] INTELLECTUAL DISABILITY  because
such  condition  results  in  similar impairment of general intellectual
functioning or adaptive behavior to that of [mentally retarded]  persons
WITH INTELLECTUAL DISABILITIES; or

A. 2125--A                          3

  (c)  is attributable to dyslexia resulting from a disability described
in subdivision one or two of this section or from  [mental  retardation]
INTELLECTUAL DISABILITY; and
  (d)  originates  before  such person attains age twenty-two, provided,
however, that no such age of origination shall apply for the purposes of
this article to a person with traumatic head injury.
  2. Notwithstanding any provision of  law  to  the  contrary,  for  the
purposes  of  subdivision  two  of  section  seventeen hundred fifty and
section seventeen hundred fifty-b  of  this  article,  "a  person  [with
mental retardation] WHO IS INTELLECTUALLY DISABLED and his or her guard-
ian" shall also mean a person and his or her guardian appointed pursuant
to  this  section;  provided  that such person has been certified by the
physicians and/or psychologists, specified in subdivision  one  of  this
section,  as (i) having [mental retardation] AN INTELLECTUAL DISABILITY,
or (ii) having a developmental disability, as defined in section 1.03 of
the mental hygiene law, which (A) includes [mental  retardation]  INTEL-
LECTUAL  DISABILITY,  or  (B) results in a similar impairment of general
intellectual functioning or adaptive behavior so  that  such  person  is
incapable  of  managing himself or herself, and/or his or her affairs by
reason of such developmental disability.
  S 4. Section 1750-b of the surrogate's court procedure act,  as  added
by  chapter 500 of the laws of 2002, subdivision 1 as amended by chapter
105 of the laws of 2007, the opening paragraph, paragraphs (a)  and  (b)
of  subdivision 1, and the opening paragraph of subdivision 4 as amended
by chapter 8 of the laws of 2010, subparagraph (i) of paragraph (a)  and
clause  A  of  subparagraph  (i)  of  paragraph  (e) of subdivision 4 as
amended by section 18 of part J of chapter 56 of the laws of  2012,  and
paragraph  (d)  of  subdivision 5 as added by chapter 262 of the laws of
2008, is amended to read as follows:
S 1750-b. Health care decisions for [mentally retarded] persons WHO  ARE
            INTELLECTUALLY DISABLED
  1.  Scope  of  authority.  Unless specifically prohibited by the court
after consideration of the determination, if any, regarding a  [mentally
retarded  person's]  PERSON WHO IS INTELLECTUALLY DISABLED'S capacity to
make health care decisions,  which  is  required  by  section  seventeen
hundred  fifty  of  this  article, the guardian of such person appointed
pursuant to section seventeen hundred fifty of this article  shall  have
the  authority  to make any and all health care decisions, as defined by
subdivision six of section twenty-nine  hundred  eighty  of  the  public
health law, on behalf of the [mentally retarded] person WHO IS INTELLEC-
TUALLY DISABLED that such person could make if such person had capacity.
Such  decisions  may include decisions to withhold or withdraw life-sus-
taining treatment. For purposes of this section, "life-sustaining treat-
ment" means medical treatment, including  cardiopulmonary  resuscitation
and  nutrition  and  hydration  provided  by means of medical treatment,
which is sustaining life  functions  and  without  which,  according  to
reasonable  medical  judgment,  the patient will die within a relatively
short time period. Cardiopulmonary resuscitation is presumed to be life-
sustaining treatment without the necessity of a medical judgment  by  an
attending  physician. The provisions of this article are not intended to
permit or promote suicide, assisted suicide or euthanasia;  accordingly,
nothing  in  this  section  shall  be  construed to permit a guardian to
consent to any act or omission to which the [mentally  retarded]  person
WHO  IS  INTELLECTUALLY  DISABLED  could  not consent if such person had
capacity.

A. 2125--A                          4

  (a) For the purposes of making a  decision  to  withhold  or  withdraw
life-sustaining  treatment  pursuant  to  this section, in the case of a
person for whom no guardian  has  been  appointed  pursuant  to  section
seventeen  hundred fifty or seventeen hundred fifty-a of this article, a
"guardian"  shall  also  mean  a  family  member of a person who (i) has
[mental retardation] INTELLECTUAL DISABILITY, or  (ii)  has  a  develop-
mental disability, as defined in section 1.03 of the mental hygiene law,
which  (A) includes [mental retardation] INTELLECTUAL DISABILITY, or (B)
results in a similar impairment of general intellectual  functioning  or
adaptive  behavior  so that such person is incapable of managing himself
or herself, and/or his or her affairs by reason  of  such  developmental
disability.  Qualified family members shall be included in a prioritized
list of said family members pursuant to regulations established  by  the
commissioner  of  [mental  retardation  and]  THE OFFICE FOR PEOPLE WITH
developmental disabilities. Such family members must have a  significant
and  ongoing  involvement  in  a  person's life so as to have sufficient
knowledge of their needs and, when reasonably  known  or  ascertainable,
the  person's wishes, including moral and religious beliefs. In the case
of a person who was a resident of the former Willowbrook state school on
March seventeenth, nineteen hundred seventy-two  and  those  individuals
who were in community care status on that date and subsequently returned
to  Willowbrook  or a related facility, who are fully represented by the
consumer advisory board and who have no guardians appointed pursuant  to
this  article  or  have no qualified family members to make such a deci-
sion, then a "guardian" shall also mean the Willowbrook  consumer  advi-
sory board. A decision of such family member or the Willowbrook consumer
advisory  board  to withhold or withdraw life-sustaining treatment shall
be subject to all of the protections, procedures  and  safeguards  which
apply  to  the  decision of a guardian to withhold or withdraw life-sus-
taining treatment pursuant to this section.
  In the case of a person for whom no guardian has been appointed pursu-
ant to this article or for whom there is no qualified family  member  or
the  Willowbrook  consumer advisory board available to make such a deci-
sion, a "guardian" shall also mean, notwithstanding the  definitions  in
section  80.03  of  the  mental hygiene law, a surrogate decision-making
committee, as defined in article eighty of the mental hygiene  law.  All
declarations  and  procedures, including expedited procedures, to comply
with this section shall be established by regulations promulgated by the
commission on quality of care and advocacy for  persons  with  disabili-
ties.
  (b)  Regulations establishing the prioritized list of qualified family
members required by paragraph (a) of this subdivision shall be developed
by the commissioner of [mental retardation and] THE  OFFICE  FOR  PEOPLE
WITH  developmental  disabilities in conjunction with parents, advocates
and family members of persons who are [mentally retarded] INTELLECTUALLY
DISABLED. Regulations to implement  the  authority  of  the  Willowbrook
consumer  advisory  board  pursuant to paragraph (a) of this subdivision
may be promulgated by the commissioner of the office [of mental retarda-
tion and] FOR PEOPLE WITH developmental disabilities  with  advice  from
the Willowbrook consumer advisory board.
  (c)  Notwithstanding  any provision of law to the contrary, the formal
determinations required pursuant to section seventeen hundred  fifty  of
this article shall only apply to guardians appointed pursuant to section
seventeen hundred fifty or seventeen hundred fifty-a of this article.
  2.  Decision-making standard. (a) The guardian shall base all advocacy
and health care decision-making  solely  and  exclusively  on  the  best

A. 2125--A                          5

interests  of the [mentally retarded] person WHO IS INTELLECTUALLY DISA-
BLED and, when reasonably known or ascertainable with  reasonable  dili-
gence,  on the [mentally retarded person's] PERSON WHO IS INTELLECTUALLY
DISABLED'S wishes, including moral and religious beliefs.
  (b)  An  assessment  of the [mentally retarded person's] PERSON WHO IS
INTELLECTUALLY DISABLED'S best interests shall include consideration of:
  (i) the dignity and uniqueness of every person;
  (ii) the preservation, improvement or  restoration  of  the  [mentally
retarded person's] PERSON WHO IS INTELLECTUALLY DISABLED'S health;
  (iii)  the  relief  of  the [mentally retarded person's] PERSON WHO IS
INTELLECTUALLY DISABLED'S suffering by means of palliative care and pain
management;
  (iv)  the  unique  nature  of  artificially  provided   nutrition   or
hydration,  and the effect it may have on the [mentally retarded] person
WHO IS INTELLECTUALLY DISABLED; and
  (v) the entire medical condition of the person.
  (c) No health care decision shall be influenced in any way by:
  (i) a presumption that  persons  [with  mental  retardation]  WHO  ARE
INTELLECTUALLY  DISABLED  are not entitled to the full and equal rights,
equal protection, respect, medical care and dignity afforded to  persons
without  [mental  retardation]  AN INTELLECTUAL DISABILITY or A develop-
mental [disabilities] DISABILITY; or
  (ii) financial considerations of the guardian, as such  considerations
affect the guardian, a health care provider or any other party.
  3. Right to receive information. Subject to the provisions of sections
33.13  and  33.16 of the mental hygiene law, the guardian shall have the
right to receive  all  medical  information  and  medical  and  clinical
records  necessary  to  make  informed decisions regarding the [mentally
retarded person's] PERSON WHO IS INTELLECTUALLY DISABLED'S health care.
  4. Life-sustaining treatment. The guardian shall have the  affirmative
obligation  to advocate for the full and efficacious provision of health
care, including life-sustaining treatment. In the event that a  guardian
makes  a decision to withdraw or withhold life-sustaining treatment from
a [mentally retarded] person WHO IS INTELLECTUALLY DISABLED:
  (a) The attending physician, as defined in subdivision two of  section
twenty-nine  hundred  eighty of the public health law, must confirm to a
reasonable degree of medical  certainty  that  the  [mentally  retarded]
person WHO IS INTELLECTUALLY DISABLED lacks capacity to make health care
decisions.  The determination thereof shall be included in the [mentally
retarded person's]  PERSON  WHO  IS  INTELLECTUALLY  DISABLED'S  medical
record,  and  shall contain such attending physician's opinion regarding
the cause and nature of the [mentally retarded person's] PERSON  WHO  IS
INTELLECTUALLY  DISABLED'S incapacity as well as its extent and probable
duration. The attending  physician  who  makes  the  confirmation  shall
consult  with  another physician, or a licensed psychologist, to further
confirm the [mentally retarded person's] PERSON  WHO  IS  INTELLECTUALLY
DISABLED'S  lack  of  capacity.  The  attending  physician who makes the
confirmation, or the physician or licensed psychologist  with  whom  the
attending  physician  consults,  must (i) be employed by a developmental
disabilities services office  named  in  section  13.17  of  the  mental
hygiene  law  or  employed  by  the office for people with developmental
disabilities to provide treatment and care to people with  developmental
disabilities,  or  (ii) have been employed for a minimum of two years to
render care and service in a facility or program operated,  licensed  or
authorized  by  the  office  [of mental retardation and] FOR PEOPLE WITH
developmental disabilities, or (iii) have been approved by  the  commis-

A. 2125--A                          6

sioner  of  [mental retardation and] THE OFFICE FOR PEOPLE WITH develop-
mental disabilities in accordance with regulations promulgated  by  such
commissioner.  Such  regulations  shall  require  that  a  physician  or
licensed  psychologist possess specialized training or three years expe-
rience in  treating  [mental  retardation]  INTELLECTUAL  DISABILITY.  A
record  of such consultation shall be included in the [mentally retarded
person's] PERSON WHO IS INTELLECTUALLY DISABLED'S medical record.
  (b) The attending physician, as defined in subdivision two of  section
twenty-nine  hundred  eighty  of the public health law, with the concur-
rence of another physician with  whom  such  attending  physician  shall
consult,  must determine to a reasonable degree of medical certainty and
note on the [mentally retarded person's] PERSON  WHO  IS  INTELLECTUALLY
DISABLED'S chart that:
  (i)  the [mentally retarded] person WHO IS INTELLECTUALLY DISABLED has
a medical condition as follows:
  A. a terminal condition, as defined  in  subdivision  twenty-three  of
section twenty-nine hundred sixty-one of the public health law; or
  B. permanent unconsciousness; or
  C.  a  medical condition other than such person's [mental retardation]
INTELLECTUAL DISABILITY which  requires  life-sustaining  treatment,  is
irreversible and which will continue indefinitely; and
  (ii)  the  life-sustaining  treatment  would  impose  an extraordinary
burden on such person, in light of:
  A. such person's medical condition, other than such  person's  [mental
retardation] INTELLECTUAL DISABILITY; and
  B.  the  expected  outcome  of the life-sustaining treatment, notwith-
standing such person's [mental retardation] INTELLECTUAL DISABILITY; and
  (iii) in the case of a decision to withdraw or  withhold  artificially
provided nutrition or hydration:
  A. there is no reasonable hope of maintaining life; or
  B.  the artificially provided nutrition or hydration poses an extraor-
dinary burden.
  (c) The guardian shall express a  decision  to  withhold  or  withdraw
life-sustaining treatment either:
  (i)  in writing, dated and signed in the presence of one witness eigh-
teen years of age or older who shall sign the decision, and presented to
the attending physician, as defined in subdivision two of section  twen-
ty-nine hundred eighty of the public health law; or
  (ii)  orally,  to two persons eighteen years of age or older, at least
one of whom is the [mentally retarded person's] PERSON WHO IS  INTELLEC-
TUALLY  DISABLED'S attending physician, as defined in subdivision two of
section twenty-nine hundred eighty of the public health law.
  (d) The attending physician, as defined in subdivision two of  section
twenty-nine  hundred  eighty  of  the public health law, who is provided
with the decision of a  guardian  shall  include  the  decision  in  the
[mentally  retarded  person's]  PERSON  WHO IS INTELLECTUALLY DISABLED'S
medical chart, and shall either:
  (i) promptly issue an order to withhold  or  withdraw  life-sustaining
treatment  from  the  [mentally  retarded]  person WHO IS INTELLECTUALLY
DISABLED, and inform the staff responsible for such  person's  care,  if
any, of the order; or
  (ii)  promptly object to such decision, in accordance with subdivision
five of this section.
  (e) At least forty-eight hours prior to the implementation of a  deci-
sion  to withdraw life-sustaining treatment, or at the earliest possible

A. 2125--A                          7

time prior to the implementation of a decision to withhold life-sustain-
ing treatment, the attending physician shall notify:
  (i)  the  [mentally  retarded]  person WHO IS INTELLECTUALLY DISABLED,
except if the attending physician determines, in writing and in  consul-
tation  with  another  physician  or a licensed psychologist, that, to a
reasonable degree of medical certainty, the person would suffer  immedi-
ate  and  severe  injury from such notification. The attending physician
who makes the confirmation, or the physician  or  licensed  psychologist
with whom the attending physician consults, shall:
  A.  be  employed by a developmental disabilities services office named
in section 13.17 of the mental hygiene law or employed by the office for
people with developmental disabilities to provide treatment and care  to
people with developmental disabilities, or
  B.  have  been  employed for a minimum of two years to render care and
service in a facility operated, licensed or authorized by the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities, or
  C. have been approved by the commissioner of [mental retardation  and]
THE OFFICE FOR PEOPLE WITH developmental disabilities in accordance with
regulations  promulgated  by  such  commissioner. Such regulations shall
require that a physician or licensed  psychologist  possess  specialized
training  or  three  years  experience  in treating [mental retardation]
INTELLECTUAL DISABILITY.    A  record  of  such  consultation  shall  be
included in the [mentally retarded person's] PERSON WHO IS INTELLECTUAL-
LY DISABLED'S medical record;
  (ii) if the person is in or was transferred from a residential facili-
ty operated, licensed or authorized by the office [of mental retardation
and]  FOR  PEOPLE  WITH  developmental disabilities, the chief executive
officer of the agency or organization operating such  facility  and  the
mental hygiene legal service; and
  (iii)  if  the  person  is  not in and was not transferred from such a
facility or program, the commissioner of [mental  retardation  and]  THE
OFFICE  FOR PEOPLE WITH developmental disabilities, or his or her desig-
nee.
  5. Objection to health care decision. (a) Suspension.  A  health  care
decision  made  pursuant  to  subdivision  four of this section shall be
suspended, pending judicial review, except if the  suspension  would  in
reasonable  medical  judgment  be  likely  to result in the death of the
[mentally retarded] person WHO IS INTELLECTUALLY DISABLED, in the  event
of an objection to that decision at any time by:
  (i)  the  [mentally retarded] person WHO IS INTELLECTUALLY DISABLED on
whose behalf such decision was made; or
  (ii) a parent or adult sibling who either resides with  or  has  main-
tained  substantial  and continuous contact with the [mentally retarded]
person WHO IS INTELLECTUALLY DISABLED; or
  (iii) the attending  physician,  as  defined  in  subdivision  two  of
section twenty-nine hundred eighty of the public health law; or
  (iv)  any  other  health  care  practitioner providing services to the
[mentally retarded]  person  WHO  IS  INTELLECTUALLY  DISABLED,  who  is
licensed  pursuant  to article one hundred thirty-one, one hundred thir-
ty-one-B, one hundred thirty-two, one hundred thirty-three, one  hundred
thirty-six,  one hundred thirty-nine, one hundred forty-one, one hundred
forty-three,  one  hundred  forty-four,  one  hundred  fifty-three,  one
hundred fifty-four, one hundred fifty-six, one hundred fifty-nine or one
hundred sixty-four of the education law; or
  (v)  the  chief  executive  officer identified in subparagraph (ii) of
paragraph (e) of subdivision four of this section; or

A. 2125--A                          8

  (vi) if the person is in or was transferred from a residential facili-
ty or program operated, approved or licensed by the  office  [of  mental
retardation  and] FOR PEOPLE WITH developmental disabilities, the mental
hygiene legal service; or
  (vii)  if  the  person  is  not in and was not transferred from such a
facility or program, the commissioner of [mental  retardation  and]  THE
OFFICE  FOR PEOPLE WITH developmental disabilities, or his or her desig-
nee.
  (b) Form of objection. Such objection shall occur orally or  in  writ-
ing.
  (c)  Notification.  In  the  event  of the suspension of a health care
decision pursuant to this subdivision, the objecting party shall prompt-
ly notify the guardian and the other parties identified in paragraph (a)
of this subdivision, and  the  attending  physician  shall  record  such
suspension in the [mentally retarded person's] PERSON WHO IS INTELLECTU-
ALLY DISABLED'S medical chart.
  (d)  Dispute  mediation. In the event of an objection pursuant to this
subdivision, at the request of the objecting party or person  or  entity
authorized  to  act as a guardian under this section, except a surrogate
decision making committee established pursuant to article eighty of  the
mental  hygiene law, such objection shall be referred to a dispute medi-
ation system, established pursuant to section two thousand nine  hundred
seventy-two  of  the  public  health law or similar entity for mediating
disputes in a hospice, such as a patient's advocate's  office,  hospital
chaplain's  office  or  ethics  committee,  as  described in writing and
adopted by the governing authority  of  such  hospice,  for  non-binding
mediation.  In  the  event  that  such dispute cannot be resolved within
seventy-two hours or no such mediation entity exists  or  is  reasonably
available  for  mediation  of  a dispute, the objection shall proceed to
judicial review pursuant to this subdivision. The party requesting medi-
ation shall provide notification to those  parties  entitled  to  notice
pursuant to paragraph (a) of this subdivision.
  6.  Special  proceeding authorized. The guardian, the attending physi-
cian, as defined in  subdivision  two  of  section  twenty-nine  hundred
eighty  of the public health law, the chief executive officer identified
in subparagraph (ii) of  paragraph  (e)  of  subdivision  four  of  this
section,  the  mental  hygiene legal service (if the person is in or was
transferred from a residential facility or program operated, approved or
licensed by the office [of  mental  retardation  and]  FOR  PEOPLE  WITH
developmental  disabilities)  or the commissioner of [mental retardation
and] THE OFFICE FOR PEOPLE WITH developmental disabilities or his or her
designee (if the person is not in and was not transferred  from  such  a
facility  or  program)  may  commence a special proceeding in a court of
competent jurisdiction with respect to any dispute  arising  under  this
section,  including  objecting to the withdrawal or withholding of life-
sustaining treatment because such withdrawal or withholding  is  not  in
accord with the criteria set forth in this section.
  7.  Provider's  obligations.  (a)  A health care provider shall comply
with the health care decisions made by a guardian in good faith pursuant
to this section, to the same extent as if such decisions had  been  made
by  the  [mentally  retarded]  person WHO IS INTELLECTUALLY DISABLED, if
such person had capacity.
  (b) Notwithstanding paragraph (a) of this subdivision, nothing in this
section shall be construed to require a  private  hospital  to  honor  a
guardian's health care decision that the hospital would not honor if the
decision  had  been made by the [mentally retarded] person WHO IS INTEL-

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LECTUALLY DISABLED, if such person had capacity, because the decision is
contrary to a formally adopted written policy of the hospital  expressly
based  on  religious beliefs or sincerely held moral convictions central
to  the  hospital's  operating  principles,  and  the  hospital would be
permitted by law to refuse to honor the decision if made by such person,
provided:
  (i) the hospital has informed the guardian of such policy prior to  or
upon admission, if reasonably possible; and
  (ii)  the [mentally retarded] person WHO IS INTELLECTUALLY DISABLED is
transferred promptly to another hospital that is  reasonably  accessible
under the circumstances and is willing to honor the guardian's decision.
If  the  guardian is unable or unwilling to arrange such a transfer, the
hospital's refusal to honor the decision of the guardian  shall  consti-
tute an objection pursuant to subdivision five of this section.
  (c) Notwithstanding paragraph (a) of this subdivision, nothing in this
section shall be construed to require an individual health care provider
to honor a guardian's health care decision that the individual would not
honor  if  the  decision had been made by the [mentally retarded] person
WHO IS INTELLECTUALLY DISABLED, if such person had capacity, because the
decision is contrary to the individual's religious beliefs or  sincerely
held  moral  convictions,  provided  the individual health care provider
promptly informs the guardian and the facility, if any, of  his  or  her
refusal  to  honor  the guardian's decision. In such event, the facility
shall promptly  transfer  responsibility  for  the  [mentally  retarded]
person  WHO IS INTELLECTUALLY DISABLED to another individual health care
provider willing to honor the guardian's decision. The individual health
care provider shall cooperate  in  facilitating  such  transfer  of  the
patient.
  (d)  Notwithstanding  the  provisions  of  any other paragraph of this
subdivision, if a guardian  directs  the  provision  of  life-sustaining
treatment,  the  denial of which in reasonable medical judgment would be
likely to result in the death of the [mentally retarded] person  WHO  IS
INTELLECTUALLY  DISABLED,  a hospital or individual health care provider
that does not wish to provide such treatment  shall  nonetheless  comply
with  the  guardian's  decision pending either transfer of the [mentally
retarded] person WHO IS INTELLECTUALLY DISABLED to a willing hospital or
individual health care provider, or judicial review.
  (e) Nothing in this section shall affect or diminish the authority  of
a  surrogate  decision-making  panel to render decisions regarding major
medical treatment pursuant to article eighty of the mental hygiene law.
  8. Immunity. (a) Provider immunity. No health care provider or employ-
ee thereof shall be subjected to criminal  or  civil  liability,  or  be
deemed  to  have engaged in unprofessional conduct, for honoring reason-
ably and in good faith a health care decision  by  a  guardian,  or  for
other  actions  taken  reasonably  and  in  good  faith pursuant to this
section.
  (b) Guardian immunity. No guardian shall be subjected to  criminal  or
civil liability for making a health care decision reasonably and in good
faith pursuant to this section.
  S  5. Section 1751 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1751. Petition for appointment; by whom made
  A petition for the appointment of a guardian of the person or  proper-
ty, or both, of a [mentally retarded or developmentally disabled] person
WHO  IS INTELLECTUALLY DISABLED OR A PERSON WHO IS DEVELOPMENTALLY DISA-
BLED may be made by a parent, any interested person  eighteen  years  of

A. 2125--A                         10

age  or  older  on  behalf  of the [mentally retarded or developmentally
disabled] person WHO IS INTELLECTUALLY  DISABLED  OR  A  PERSON  WHO  IS
DEVELOPMENTALLY  DISABLED including a corporation authorized to serve as
a guardian as provided for by this article, or by the [mentally retarded
or  developmentally disabled] person WHO IS INTELLECTUALLY DISABLED OR A
PERSON WHO IS DEVELOPMENTALLY DISABLED  when  such  person  is  eighteen
years of age or older.
  S  6. Section 1752 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1752. Petition for appointment; contents
  The petition for the appointment of a guardian shall be filed with the
court on forms to be prescribed by the state chief administrator of  the
courts. Such petition for a guardian of a [mentally retarded or develop-
mentally disabled] person WHO IS INTELLECTUALLY DISABLED OR A PERSON WHO
IS  DEVELOPMENTALLY  DISABLED  shall include, but not be limited to, the
following information:
  1. the full name,  date  of  birth  and  residence  of  the  [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR A PERSON WHO IS DEVELOPMENTALLY DISABLED;
  2.  the  name,  age, address and relationship or interest of the peti-
tioner to the [mentally retarded or developmentally disabled] person WHO
IS INTELLECTUALLY DISABLED OR A PERSON WHO IS DEVELOPMENTALLY DISABLED;
  3. the names of the father, the mother, children,  adult  siblings  if
eighteen years of age or older, the spouse and primary care physician if
other  than  a physician having submitted a certification with the peti-
tion, if any, of the [mentally  retarded  or  developmentally  disabled]
person WHO IS INTELLECTUALLY DISABLED OR A PERSON WHO IS DEVELOPMENTALLY
DISABLED  and  whether  or  not  they  are  living, and if living, their
addresses and the names and addresses of  the  nearest  distributees  of
full age who are domiciliaries, if both parents are dead;
  4. the name and address of the person with whom the [mentally retarded
or  developmentally disabled] person WHO IS INTELLECTUALLY DISABLED OR A
PERSON WHO IS DEVELOPMENTALLY DISABLED resides if other than the parents
or spouse;
  5. the name, age, address, education  and  other  qualifications,  and
consent  of  the  proposed  guardian, standby and alternate guardian, if
other than the parent, spouse, adult child if eighteen years of  age  or
older  or  adult  sibling if eighteen years of age or older, and if such
parent, spouse or adult child be living, why any of them should  not  be
appointed guardian;
  6.  the  estimated  value of real and personal property and the annual
income therefrom and any other income  including  governmental  entitle-
ments  to  which  the  [mentally  retarded  or developmentally disabled]
person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO  IS  DEVELOPMENTALLY
DISABLED is entitled; and
  7.  any  circumstances  which the court should consider in determining
whether it is in the best interests of the [mentally retarded or  devel-
opmentally disabled] person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
IS  DEVELOPMENTALLY  DISABLED  TO  not be [be] present at the hearing if
conducted.
  S 7. Section 1753 of the surrogate's court procedure act, as added  by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1753. Persons to be served
  1. Upon presentation of the petition, process shall issue to:
  (a)  the parent or parents, adult children, if the petitioner is other
than a parent, adult siblings, if the petitioner is other than a parent,

A. 2125--A                         11

and if the [mentally retarded or developmentally disabled] person WHO IS
INTELLECTUALLY DISABLED OR PERSON WHO  IS  DEVELOPMENTALLY  DISABLED  is
married, to the spouse, if their residences are known;
  (b)  the  person  having care and custody of the [mentally retarded or
developmentally disabled]  person  WHO  IS  INTELLECTUALLY  DISABLED  OR
PERSON WHO IS DEVELOPMENTALLY DISABLED, or with whom such person resides
if other than the parents or spouse; and
  (c)  the [mentally retarded or developmentally disabled] person WHO IS
INTELLECTUALLY DISABLED OR PERSON WHO  IS  DEVELOPMENTALLY  DISABLED  if
fourteen  years of age or older for whom an application has been made in
such person's behalf.
  2. Upon presentation of the petition, notice of such petition shall be
served by certified mail to:
  (a) the adult siblings if the petitioner is a parent, and adult  chil-
dren if the petitioner is a parent;
  (b)  the mental hygiene legal service in the judicial department where
the facility, as defined in subdivision (a)  of  section  47.01  of  the
mental  hygiene  law,  is  located if the [mentally retarded or develop-
mentally disabled] person WHO IS INTELLECTUALLY DISABLED OR  PERSON  WHO
IS DEVELOPMENTALLY DISABLED resides in such a facility;
  (c)  in all cases, to the director in charge of a facility licensed or
operated by an agency of  the  state  of  New  York,  if  the  [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED resides in such facility;
  (d)  one  other  person  if  designated  in  writing  by the [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED; and
  (e) such other persons as the court may deem proper.
  3. No process or notice shall be necessary to a parent,  adult  child,
adult  sibling,  or  spouse of the [mentally retarded or developmentally
disabled] person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO IS  DEVEL-
OPMENTALLY  DISABLED  who has been declared by a court as being incompe-
tent. In addition, no process or notice shall be necessary to  a  spouse
who is divorced from the [mentally retarded or developmentally disabled]
person  WHO  IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY
DISABLED, and to a parent, adult child,  adult  sibling  when  it  shall
appear to the satisfaction of the court that such person or persons have
abandoned the [mentally retarded or developmentally disabled] person WHO
IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED.
  S  8. Section 1754 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1754. Hearing and trial
  1. Upon a petition for the appointment of a guardian  of  a  [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED  OR PERSON WHO IS DEVELOPMENTALLY DISABLED eighteen years of age or
older, the court shall conduct a hearing at which such person shall have
the right to jury trial. The right to  a  jury  trial  shall  be  deemed
waived  by  failure  to  make  a  demand  therefor. The court may in its
discretion dispense with a hearing for the appointment  of  a  guardian,
and  may  in  its  discretion appoint a guardian ad litem, or the mental
hygiene legal service if such person is a resident of a  mental  hygiene
facility  as  defined  in subdivision (a) of section 47.01 of the mental
hygiene law, to recommend whether  the  appointment  of  a  guardian  as
proposed  in  the  application  is in the best interest of the [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-

A. 2125--A                         12

BLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED, provided  however,  that
such application has been made by:
  (a) both parents or the survivor; or
  (b) one parent and the consent of the other parent; or
  (c) any interested party and the consent of each parent.
  2. When it shall appear to the satisfaction of the court that a parent
or  parents  not  joining in or consenting to the application have aban-
doned the [mentally retarded or developmentally disabled] person WHO  IS
INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED or are
not  otherwise  required  to receive notice, the court may dispense with
such parent's consent in determining the need to conduct a hearing for a
person under the age of  eighteen.  However,  if  the  consent  of  both
parents  or the surviving parent is dispensed with by the court, a hear-
ing shall be held on the application.
  3. If a hearing is  conducted,  the  [mentally  retarded  or  develop-
mentally  disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
IS DEVELOPMENTALLY DISABLED shall be present unless it shall  appear  to
the  satisfaction  of  the  court on the certification of the certifying
physician that  the  [mentally  retarded  or  developmentally  disabled]
person  WHO  IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY
DISABLED is medically incapable of being  present  to  the  extent  that
attendance  is  likely  to  result  in  physical  harm to such [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR PERSON WHO IS DEVELOPMENTALLY  DISABLED,  or  under  such  other
circumstances which the court finds would not be in the best interest of
the [mentally retarded or developmentally disabled] person WHO IS INTEL-
LECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED.
  4.  If either a hearing is dispensed with pursuant to subdivisions one
and two of this section or the  [mentally  retarded  or  developmentally
disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVEL-
OPMENTALLY DISABLED is not present at the hearing pursuant  to  subdivi-
sion three of this section, the court may appoint a guardian ad litem if
no  mental hygiene legal service attorney is authorized to act on behalf
of the [mentally retarded or developmentally  disabled]  person  WHO  IS
INTELLECTUALLY  DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED.  The
guardian  ad  litem  or  mental  hygiene  legal  service  attorney,   if
appointed, shall personally interview the [mentally retarded or develop-
mentally  disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
IS DEVELOPMENTALLY DISABLED and shall submit a  written  report  to  the
court.
  5.  If,  upon  conclusion  of such hearing or jury trial or if none be
held upon the application, the court is satisfied that the  best  inter-
ests  of  the [mentally retarded or developmentally disabled] person WHO
IS INTELLECTUALLY DISABLED OR PERSON  WHO  IS  DEVELOPMENTALLY  DISABLED
will be promoted by the appointment of a guardian of the person or prop-
erty,  or  both, it shall make a decree naming such person or persons to
serve as such guardians.
  S 9. Section 1755 of the surrogate's court procedure act, as added  by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1755. Modification order
  Any  [mentally  retarded  or  developmentally  disabled] person WHO IS
INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED  eigh-
teen  years  of  age  or older, or any person on behalf of any [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR PERSON WHO IS DEVELOPMENTAL DISABLED for  whom  a  guardian  has
been  appointed,  may  apply  to  the court having jurisdiction over the

A. 2125--A                         13

guardianship order requesting modification of such  order  in  order  to
protect  the  [mentally  retarded  or developmentally disabled person's]
PERSON WHO IS INTELLECTUALLY  DISABLED'S,  OR  PERSON  WHO  IS  DEVELOP-
MENTALLY  DISABLED'S  financial  situation  and/or  his  or her personal
interests. The court may, upon receipt of any such request to modify the
guardianship order, appoint a guardian ad  litem.  The  court  shall  so
modify  the  guardianship  order if in its judgment the interests of the
guardian are adverse to those of  the  [mentally  retarded  or  develop-
mentally  disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
IS DEVELOPMENTALLY DISABLED or if the interests of justice will be  best
served  including,  but  not limited to, facts showing the necessity for
protecting the personal and/or  financial  interests  of  the  [mentally
retarded or developmentally disabled] person WHO IS INTELLECTUALLY DISA-
BLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED.
  S 10. Section 1756 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1756. Limited guardian of the property
  When  it  shall  appear  to  the  satisfaction  of the court that such
[mentally retarded or developmentally disabled] person WHO IS  INTELLEC-
TUALLY  DISABLED  OR  PERSON WHO IS DEVELOPMENTALLY DISABLED for whom an
application for guardianship is made is eighteen years of age  or  older
and  is  wholly  or substantially self-supporting by means of his or her
wages or earnings from employment, the court is authorized and empowered
to appoint a limited guardian of the property of such [mentally retarded
or developmentally disabled] person WHO IS  INTELLECTUALLY  DISABLED  OR
PERSON  WHO  IS  DEVELOPMENTALLY  DISABLED  who  shall  receive, manage,
disburse and account for only such property of said  [mentally  retarded
or  developmentally  disabled]  person WHO IS INTELLECTUALLY DISABLED OR
PERSON WHO IS DEVELOPMENTALLY DISABLED as shall be received  from  other
than the wages or earnings of said person.
  The  [mentally  retarded  or  developmentally  disabled] person WHO IS
INTELLECTUALLY DISABLED OR PERSON WHO IS  DEVELOPMENTALLY  DISABLED  for
whom  a  limited  guardian of the property has been appointed shall have
the right to receive and expend any and all wages or other  earnings  of
his  or  her  employment and shall have the power to contract or legally
bind himself or herself for such sum of money not exceeding one  month's
wages  or earnings from such employment or three hundred dollars, which-
ever is greater, or as otherwise authorized by the court.
  S 11. Section 1757 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, the section heading as amended by chap-
ter 290 of the laws of 1992, subdivision 2 as amended by chapter 260  of
the  laws of 2009, and subdivision 3 as added by chapter 294 of the laws
of 2012, is amended to read as follows:
S 1757. Standby guardian of  a  [mentally  retarded  or  developmentally
          disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
          IS DEVELOPMENTALLY DISABLED
  1. Upon application, a standby guardian of the person or  property  or
both  of a [mentally retarded or developmentally disabled] person WHO IS
INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED may be
appointed by the court. The court may also, upon application, appoint an
alternate and/or successive alternates to such standby guardian, to  act
if  such  standby  guardian shall die, or become incapacitated, or shall
renounce. Such appointments by the court shall  be  made  in  accordance
with the provisions of this article.
  2.  Such  standby  guardian, or alternate in the event of such standby
guardian's death, incapacity  or  renunciation,  shall  without  further

A. 2125--A                         14

proceedings be empowered to assume the duties of his or her office imme-
diately  upon death, renunciation or adjudication of incompetency of the
guardian or standby guardian appointed pursuant to this article, subject
only  to  confirmation of his or her appointment by the court within one
hundred eighty days following assumption of his or her  duties  of  such
office.  Before  confirming  the  appointment of the standby guardian or
alternate guardian, the court may conduct a hearing pursuant to  section
seventeen  hundred fifty-four of this article upon petition by anyone on
behalf of the [mentally retarded or developmentally disabled] person WHO
IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED  or
the [mentally retarded or developmentally disabled] person WHO IS INTEL-
LECTUALLY  DISABLED  OR  PERSON  WHO IS DEVELOPMENTALLY DISABLED if such
person is eighteen years of age or older, or upon its discretion.
  3. Failure of a standby or alternate standby guardian  to  assume  the
duties of guardian, seek court confirmation or to renounce the guardian-
ship  within  sixty days of written notice by certified mail or personal
delivery given by or on behalf of the  [mentally  retarded  or  develop-
mentally  disabled]  person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO
IS DEVELOPMENTALLY DISABLED of a prior guardian's inability to serve and
the standby or alternate standby guardian's duty to  serve,  seek  court
confirmation or renounce such role shall allow the court to:
  (a) deem the failure an implied renunciation of guardianship, and
  (b)  authorize, notwithstanding the time period provided for in subdi-
vision two of this section to seek  court  confirmation,  any  remaining
standby or alternate standby guardian to serve in such capacity provided
(i)  an application for confirmation and appropriate notices pursuant to
subdivision one of section seventeen hundred fifty-three of this article
are filed, or (ii) an application for modification of  the  guardianship
order  pursuant  to section seventeen hundred fifty-five of this article
is filed.
  S 12. Section 1758 of the surrogate's court procedure act, as  amended
by chapter 427 of the laws of 2013, is amended to read as follows:
S 1758. Court jurisdiction
  1.  The jurisdiction of the court to hear proceedings pursuant to this
article shall be subject to article eighty-three of the  mental  hygiene
law.
  2.  After the appointment of a guardian, standby guardian or alternate
guardians, the court shall have and retain general jurisdiction over the
[mentally retarded or developmentally disabled] person WHO IS  INTELLEC-
TUALLY  DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED for whom such
guardian shall have been appointed, to take of  its  own  motion  or  to
entertain  and  adjudicate  such  steps and proceedings relating to such
guardian, standby, or alternate guardianship as may be deemed  necessary
or  proper for the welfare of such [mentally retarded or developmentally
disabled] person WHO IS INTELLECTUALLY DISABLED OR PERSON WHO IS  DEVEL-
OPMENTALLY DISABLED.
  S 13. Section 1759 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1759. Duration of guardianship
  1.  Such  guardianship  shall  not terminate at the age of majority or
marriage of such [mentally retarded or developmentally disabled]  person
WHO IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY DISABLED
but  shall  continue during the life of such person, or until terminated
by the court.
  2. A person eighteen years or older for whom such a guardian has  been
previously  appointed  or anyone, including the guardian, on behalf of a

A. 2125--A                         15

[mentally retarded or developmentally disabled] person WHO IS  INTELLEC-
TUALLY  DISABLED  OR  PERSON  WHO IS DEVELOPMENTALLY DISABLED for whom a
guardian has been appointed may  petition  the  court  which  made  such
appointment  or  the court in his or her county of residence to have the
guardian discharged and a successor appointed, or to have  the  guardian
of  the property designated as a limited guardian of the property, or to
have the guardianship order modified, dissolved  or  otherwise  amended.
Upon  such  a  petition  for  review,  the court shall conduct a hearing
pursuant to section seventeen hundred fifty-four of this article.
  3. Upon marriage of such [mentally retarded or  developmentally  disa-
bled]  person  WHO  IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOP-
MENTALLY DISABLED for whom such a guardian has been appointed, the court
shall, upon request of the [mentally retarded or  developmentally  disa-
bled]  person  WHO  IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOP-
MENTALLY DISABLED, spouse, or any other person acting on behalf  of  the
[mentally  retarded or developmentally disabled] person WHO IS INTELLEC-
TUALLY DISABLED OR PERSON WHO IS DEVELOPMENTALLY  DISABLED,  review  the
need,  if  any,  to modify, dissolve or otherwise amend the guardianship
order including, but not limited to, the appointment of  the  spouse  as
standby guardian.  The court, in its discretion, may conduct such review
pursuant to section seventeen hundred fifty-four of this article.
  S 14. Section 1760 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1760. Corporate guardianship
  No  corporation  may  be  appointed  guardian  of the person under the
provisions of this article, except that a non-profit corporation  organ-
ized and existing under the laws of the state of New York and having the
corporate  power  to  act  as guardian of [mentally retarded or develop-
mentally disabled persons] A PERSON WHO IS  INTELLECTUALLY  DISABLED  OR
PERSON  WHO IS DEVELOPMENTALLY DISABLED may be appointed as the guardian
of the person only of such [mentally retarded or  developmentally  disa-
bled]  person  WHO  IS INTELLECTUALLY DISABLED OR PERSON WHO IS DEVELOP-
MENTALLY DISABLED.
  S 15. Section 1761 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1761. Application of other provisions
  To the extent that the context thereof shall admit, the provisions  of
article  seventeen of this act shall apply to all proceedings under this
article with the same force and [affect] EFFECT as if  an  "infant",  as
therein  referred  to,  were  a ["mentally retarded" or "developmentally
disabled person"] "PERSON WHO IS INTELLECTUALLY DISABLED" OR "PERSON WHO
IS DEVELOPMENTALLY DISABLED" as herein  defined,  and  a  "guardian"  as
therein  referred  to were a "guardian of the [mentally retarded] person
WHO IS INTELLECTUALLY DISABLED" or a  "guardian  of  a  [developmentally
disabled]  person  WHO  IS  DEVELOPMENTALLY DISABLED" as herein provided
for.
  S 16. This act shall take effect immediately.