S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7132--A
    Cal. No. 793

                            I N  S E N A T E

                             March 30, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in 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.
  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]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04196-02-6

S. 7132--A                          2

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
  (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.

S. 7132--A                          3

  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) 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,

S. 7132--A                          4

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
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;

S. 7132--A                          5

  (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-
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.

S. 7132--A                          6

  (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
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

S. 7132--A                          7

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
  (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

S. 7132--A                          8

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-
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:

S. 7132--A                          9

  (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
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

S. 7132--A                         10

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,
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

S. 7132--A                         11

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-
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.

S. 7132--A                         12

  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
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

S. 7132--A                         13

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
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

S. 7132--A                         14

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
[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

S. 7132--A                         15

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.