S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5842
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the surrogate's court procedure act  and  the  judiciary
   law,  in relation to guardianship and health care decisions of persons
   with developmental disabilities; and to repeal certain  provisions  of
   the surrogate's court procedure act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1750 of the surrogate's  court  procedure  act,  as
 amended  by  chapter  198  of  the  laws  of 2016, is amended to read as
 follows:
 § 1750. Guardianship of persons [who are intellectually  disabled]  WITH
           DEVELOPMENTAL DISABILITIES
   1. When it shall appear to the satisfaction of the court that a person
 is  a person [who is intellectually disabled] WITH A DEVELOPMENTAL DISA-
 BILITY WITHIN THE MEANING OF SUBDIVISION TWENTY-TWO OF SECTION  1.03  OF
 THE  MENTAL  HYGIENE  LAW OR A PERSON WITH TRAUMATIC BRAIN INJURY WITHIN
 THE MEANING OF SUBDIVISION ONE OF SECTION  TWO  THOUSAND  SEVEN  HUNDRED
 FORTY-ONE  OF  THE  PUBLIC HEALTH LAW, EXCEPT THAT NO AGE OF ORIGINATION
 SHALL APPLY FOR PURPOSES OF THIS ARTICLE TO A PERSON WITH TRAUMATIC HEAD
 INJURY, AND THAT SUCH PERSON, AS A RESULT OF SUCH DEVELOPMENTAL DISABIL-
 ITY OR TRAUMATIC BRAIN INJURY, EXHIBITS SIGNIFICANT IMPAIRMENT OF GENER-
 AL OR SPECIFIC AREAS OF INTELLECTUAL FUNCTIONING AND/OR ADAPTIVE  BEHAV-
 IORS  IN SPECIFIED DOMAINS AS ENUMERATED IN SUBDIVISION EIGHT OF SECTION
 SEVENTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE, 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 intellectually disabled]. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08755-02-7
              

 S. 5842                             2

 not apply to the appointment of a guardian or guardians of a person  who
 is intellectually disabled.
   1.  For  the  purposes of this article, a 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 an intellectual disability, having quali-
 fications to make such certification, as being incapable to  manage  him
 or herself and/or his or her affairs by reason of intellectual disabili-
 ty  and that such condition is permanent in nature or likely to continue
 indefinitely].
   2.  EVERY GUARDIANSHIP ENTERED INTO PURSUANT TO THIS ARTICLE PRIOR  TO
 THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION, INCLUDING ORDERS AND DECREES
 PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-SEVEN OF THIS ARTICLE, SHALL
 REMAIN IN FULL FORCE AND EFFECT THEREAFTER, EXCEPT AS  AMENDED  PURSUANT
 TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE OR AS ORDERED BY
 THE  COURT;  AND  ANY SUCH GUARDIANSHIP SHALL BE ADMINISTERED CONSISTENT
 WITH THE SUBSTANTIVE AND PROCEDURAL REQUIREMENTS SET FORTH IN THIS ARTI-
 CLE, EXCEPT THAT THE PROVISIONS OF SECTION SEVENTEEN HUNDRED SIX-TWO  OF
 THIS  ARTICLE SHALL ONLY APPLY TO GUARDIANSHIPS ENTERED INTO ON OR AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION. FURTHER,  GUARDIANSHIPS  ENTERED
 INTO PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
 SAND  SEVENTEEN WHICH AMENDED THIS SUBDIVISION, UPON PETITION FOR AMEND-
 MENT PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE AND SECTION SEVEN-
 TEEN HUNDRED FIFTY-SEVEN OF THIS  ARTICLE,  SHALL  NOT  BE  REQUIRED  TO
 RESUBMIT PROOF OF THE CONTINUED NEED FOR GUARDIANSHIP.
   3.  Every  [such  certification  pursuant  to  subdivision one of this
 section,] ORDER AND DECREE made on or after the effective date  of  this
 subdivision,  shall  include a specific determination by [such physician
 and psychologist, or by such physicians,] THE ISSUING COURT as to wheth-
 er the person [who is intellectually disabled] has the capacity to  make
 health  care decisions, as defined by subdivision three of section twen-
 ty-nine hundred eighty of the public health law, for himself or herself.
 A determination that the person [who is intellectually disabled] has the
 capacity to make health care decisions shall not preclude  the  appoint-
 ment  of  a guardian pursuant to this section to make other decisions on
 behalf of the person [who is intellectually disabled].  The  absence  of
 this  determination  in  the  case  of guardians appointed prior to [the
 effective date of this subdivision] MARCH SIXTEENTH, TWO THOUSAND  THREE
 shall  not  preclude  such  guardians from making health care decisions.
 FURTHER, GUARDIANS APPOINTED BY ORDERS AND/OR DECREES  ISSUED  PRIOR  TO
 THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 WHICH AMENDED THIS SUBDIVISION SHALL HAVE AUTHORITY IN ALL AREAS, UNLESS
 OTHERWISE STATED IN SAID ORDER OR DECREE.
   § 2.  Section  1750-a  of  the  surrogate's  court  procedure  act  is
 REPEALED.
   § 3. Section 1750-b of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1750-b. Health  care  decisions  for  persons  [who are intellectually
             disabled] WITH DEVELOPMENTAL DISABILITIES
   1. Scope of authority.  AS USED IN THIS SECTION,  THE  TERM  "DEVELOP-
 MENTAL  DISABILITY"  IS  AS DEFINED BY SUBDIVISION TWENTY-TWO OF SECTION
 1.03 OF THE MENTAL HYGIENE LAW AND SHALL ALSO INCLUDE  INDIVIDUALS  WITH
 TRAUMATIC  BRAIN  INJURY  AS  DEFINED  BY SUBDIVISION ONE OF SECTION TWO
 THOUSAND SEVEN HUNDRED  FORTY-ONE  OF  THE  PUBLIC  HEALTH  LAW.  Unless
 specifically  prohibited by the court after consideration of [the deter-

 S. 5842                             3

 mination, if any, regarding a person who is intellectually disabled's] A
 PERSON WITH A DEVELOPMENTAL DISABILITY'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 person [who is  intellectually  disabled]  WITH  A  DEVELOPMENTAL
 DISABILITY,  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 person [who is intellectual-
 ly  disabled]  WITH A DEVELOPMENTAL DISABILITY 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
 intellectual disability, or (ii)] has  a  developmental  disability,  as
 defined  in  [section 1.03 of the mental hygiene law, which (A) includes
 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] THIS SUBDIVISION AND
 THAT SUCH PERSON, AS A RESULT OF SUCH DEVELOPMENTAL DISABILITY, EXHIBITS
 SIGNIFICANT  IMPAIRMENT  OF  GENERAL  OR  SPECIFIC AREAS OF INTELLECTUAL
 FUNCTIONING AND/OR ADAPTIVE BEHAVIORS IN SPECIFIED DOMAINS AS ENUMERATED
 IN SUBDIVISION EIGHT OF SECTION  SEVENTEEN  HUNDRED  FIFTY-TWO  OF  THIS
 ARTICLE.  Qualified  family  members  shall be included in a prioritized
 list of said family members pursuant to regulations established  by  the
 commissioner  of  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 decision, then a "guard-
 ian" shall also mean the Willowbrook consumer advisory 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  deci-

 S. 5842                             4

 sion  of  a  guardian  to withhold or withdraw life-sustaining 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] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, AS
 ESTABLISHED BY ARTICLE TWENTY OF THE EXECUTIVE LAW.
   (b) Regulations establishing the prioritized list of qualified  family
 members required by paragraph (a) of this subdivision shall be developed
 by the commissioner of the office for people with developmental disabil-
 ities  in  conjunction  with  parents,  advocates  and family members of
 persons [who are intellectually disabled] WITH  DEVELOPMENTAL  DISABILI-
 TIES. 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 for people  with  develop-
 mental  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 person [who is intellectually disabled] WITH A DEVELOP-
 MENTAL DISABILITY and,  when  reasonably  known  or  ascertainable  with
 reasonable  diligence,  on [the person who is intellectually disabled's]
 SUCH PERSON'S wishes, including moral and religious beliefs.
   (b) An assessment of the person  [who  is  intellectually  disabled's]
 WITH A DEVELOPMENTAL DISABILITY'S best interests shall include consider-
 ation of:
   (i) the dignity and uniqueness of every person;
   (ii)  the  preservation, improvement or restoration of the person [who
 is intellectually disabled's] WITH A DEVELOPMENTAL  DISABILITY'S  health
 AND WELL BEING;
   (iii) the relief of the person [who is intellectually disabled's] WITH
 A  DEVELOPMENTAL  DISABILITY'S suffering by means of palliative care and
 pain management;
   (iv)  the  unique  nature  of  [artificially  provided]  nutrition  or
 hydration  PROVIDED  BY MEDICAL TREATMENT, and the effect it may have on
 the person [who is intellectually disabled] WITH A  DEVELOPMENTAL  DISA-
 BILITY; 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 [who are intellectually disabled] WITH
 A DEVELOPMENTAL DISABILITY are  not  entitled  to  the  full  and  equal
 rights,  equal protection, respect, medical care and dignity afforded to
 persons without [an intellectual disability or a]  developmental  [disa-
 bility] DISABILITIES; or
   (ii)  financial considerations of the guardian, as such considerations
 affect the  guardian,  a  health  care  provider  or  any  other  party;

 S. 5842                             5
 
 PROVIDED,  HOWEVER  THAT THE GUARDIAN SHALL HAVE NO FINANCIAL OBLIGATION
 FOR THE CARE OF THE PERSON WITH DEVELOPMENTAL DISABILITIES.
   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 person [who
 is intellectually disabled's] WITH A DEVELOPMENTAL  DISABILITY'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 person [who is intellectually disabled] WITH A DEVELOPMENTAL DISABILI-
 TY:
   (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 person [who is intellec-
 tually  disabled] WITH A DEVELOPMENTAL DISABILITY lacks capacity to make
 health care decisions.  The determination thereof shall be  included  in
 the person [who is intellectually disabled's] WITH A DEVELOPMENTAL DISA-
 BILITY'S  medical  record,  and shall contain such attending physician's
 opinion regarding the cause and nature of the [person who is intellectu-
 ally disabled's] PERSON'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 [person who is intellectually disabled's] PERSON'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 treat-
 ment 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 for
 people with developmental disabilities, or (iii) have been  approved  by
 the  commissioner  of the office for people with developmental disabili-
 ties 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
 [intellectual disability]  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES.  A
 record  of  such  consultation  shall  be included in the person [who is
 intellectually disabled's] WITH  A  DEVELOPMENTAL  DISABILITY'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  person [who is intellectually disabled's] WITH A DEVELOP-
 MENTAL DISABILITY'S chart that:
   (i) the person [who is intellectually disabled] has a  medical  condi-
 tion 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

 S. 5842                             6
 
   C. a medical condition other than such person's [intellectual]  DEVEL-
 OPMENTAL  disability  which requires life-sustaining treatment, is irre-
 versible 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  [intel-
 lectual] DEVELOPMENTAL disability; and
   B.  the  expected  outcome  of the life-sustaining treatment, notwith-
 standing such person's [intellectual] DEVELOPMENTAL 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 person [who  is  intellectually  disabled's]  WITH  A
 DEVELOPMENTAL  DISABILITY'S  attending physician, as defined in subdivi-
 sion 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 person
 [who is intellectually disabled's]  WITH  A  DEVELOPMENTAL  DISABILITY'S
 medical chart, and shall either:
   (i)  promptly  issue  an order to withhold or withdraw life-sustaining
 treatment from the 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 person [who is intellectually disabled] WITH  A  DEVELOPMENTAL
 DISABILITY, except if the attending physician determines, in writing and
 in consultation with another physician or a licensed psychologist, that,
 to  a  reasonable  degree  of medical certainty, the person would suffer
 immediate and severe injury from such notification. The attending physi-
 cian who makes the confirmation, or the physician or  licensed  psychol-
 ogist 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 for
 people with developmental disabilities, or
   C. have been approved by the commissioner of  the  office  for  people
 with  developmental  disabilities in accordance with regulations promul-
 gated by such commissioner. Such regulations shall require that a physi-
 cian or licensed psychologist  possess  specialized  training  or  three

 S. 5842                             7
 
 years  experience  in  treating  [intellectual  disability] PERSONS WITH
 DEVELOPMENTAL DISABILITIES. A  record  of  such  consultation  shall  be
 included  in  the  [person  who  is  intellectually disabled's] PERSON'S
 medical record;
   (ii) if the person is in or was transferred from a residential facili-
 ty operated, licensed or authorized by the office for people with devel-
 opmental  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  the  office  for  people  with
 developmental disabilities, or his or her designee.
   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
 person [who is intellectually disabled] WITH A DEVELOPMENTAL DISABILITY,
 in the event of an objection to that decision at any time by:
   (i)  the  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 person [who is intel-
 lectually 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
 person [who is intellectually disabled] WITH A DEVELOPMENTAL DISABILITY,
 who  is licensed pursuant to article one hundred thirty-one, one hundred
 thirty-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  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  the  office  for  people  with
 developmental disabilities, or his or her designee.
   (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 person  [who  is  intellectually  disabled's]  WITH  A
 DEVELOPMENTAL DISABILITY'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

 S. 5842                             8
 
 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 for people with  developmental  disabilities)  or
 the  commissioner  of the office for people with developmental disabili-
 ties or his or her designee (if the person is not in and was not  trans-
 ferred  from such a facility or program) may commence a special proceed-
 ing 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 person [who is  intellectually  disabled]  WITH  A  DEVELOPMENTAL
 DISABILITY, 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 person [who  is  intellectually  disabled]
 WITH  A  DEVELOPMENTAL  DISABILITY, 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 person [who is intellectually disabled] WITH A DEVELOPMENTAL
 DISABILITY is transferred promptly to another hospital that  is  reason-
 ably  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 constitute 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 person [who is intellectually
 disabled]  WITH A DEVELOPMENTAL DISABILITY, 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

 S. 5842                             9
 
 or her refusal to honor the guardian's  decision.  In  such  event,  the
 facility  shall  promptly transfer responsibility for the person [who is
 intellectually disabled] WITH  A  DEVELOPMENTAL  DISABILITY  to  another
 individual  health  care  provider willing to honor the guardian's deci-
 sion. The individual health care provider shall cooperate in  facilitat-
 ing 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 person [who is intellectually disa-
 bled] WITH A DEVELOPMENTAL DISABILITY, a hospital or  individual  health
 care  provider  that does not wish to provide such treatment shall none-
 theless comply with the guardian's decision pending either  transfer  of
 the  person  [who is intellectually disabled] WITH A DEVELOPMENTAL DISA-
 BILITY 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.
   § 4. Section 1751 of the surrogate's court procedure act,  as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1751. Petition for appointment; by whom made
   1.  A  petition  for  the  appointment of a guardian [of the person or
 property, or both, of a person  who  is  intellectually  disabled  or  a
 person  who  is  developmentally  disabled may be made by a parent, any]
 PURSUANT TO THIS ARTICLE MAY BE MADE BY THE PERSON WITH A  DEVELOPMENTAL
 DISABILITY  OR TRAUMATIC BRAIN INJURY WHEN SUCH PERSON IS EIGHTEEN YEARS
 OF AGE OR OLDER, A PARENT, SPOUSE, SIBLING, ADULT  CHILD  OR  ANY  OTHER
 interested person eighteen years of age or older on behalf of the person
 [who is intellectually disabled or a person who is developmentally disa-
 bled]  WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY includ-
 ing a corporation authorized to serve as a guardian as provided  for  by
 this  article[,  or  by  the  person who is intellectually disabled or a
 person who is developmentally disabled  when  such  person  is  eighteen
 years of age or older].
   2.  A PERSON WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY
 MAY KNOWINGLY AND VOLUNTARILY CONSENT TO THE APPOINTMENT OF  A  GUARDIAN
 PURSUANT TO THIS ARTICLE.
   §  5.  The  surrogate's court procedure act is amended by adding a new
 section 1751-a to read as follows:
 § 1751-A. PETITION FOR APPOINTMENT; WHERE MADE (VENUE)
   1. A PROCEEDING UNDER THIS ARTICLE SHALL BE BROUGHT IN THE SURROGATE'S
 COURT WITHIN THE COUNTY IN WHICH THE PERSON WITH A  DEVELOPMENTAL  DISA-
 BILITY  RESIDES,  OR IS PHYSICALLY PRESENT AT THE TIME THE PROCEEDING IS
 COMMENCED, SUBJECT TO AN APPLICATION TO CHANGE VENUE  PURSUANT  TO  THIS
 SUBDIVISION. IF THE PERSON WITH A DEVELOPMENTAL DISABILITY ALLEGED TO BE
 IN  NEED  OF  A GUARDIAN IS BEING CARED FOR AS A RESIDENT IN A FACILITY,

 S. 5842                            10
 
 THE RESIDENCE OF THAT PERSON SHALL BE DEEMED TO BE IN THE  COUNTY  WHERE
 THE  FACILITY IS LOCATED AND THE PROCEEDING MAY BE BROUGHT IN THAT COUN-
 TY, SUBJECT TO APPLICATION BY AN INTERESTED PARTY FOR A CHANGE IN  VENUE
 TO  ANOTHER  COUNTY  BECAUSE  OF  THE  INCONVENIENCE  OF  THE PARTIES OR
 WITNESSES OR THE CONDITION OF THE PERSON ALLEGED TO  BE  IN  NEED  OF  A
 GUARDIAN.
   2. AFTER THE APPOINTMENT OF A GUARDIAN, AT THE OPTION OF THE PETITION-
 ER,  ANY PROCEEDING TO MODIFY A PRIOR ORDER MAY BE BROUGHT IN THE SURRO-
 GATE'S COURT WHICH GRANTED THE PRIOR ORDER, UNLESS AT THE  TIME  OF  THE
 APPLICATION TO MODIFY THE ORDER THE PERSON WITH A DEVELOPMENTAL DISABIL-
 ITY  RESIDES  ELSEWHERE,  IN WHICH CASE THE PROCEEDING MAY BE BROUGHT IN
 THE COUNTY WHERE THE PERSON WITH A DEVELOPMENTAL DISABILITY  RESIDES  OR
 IS  PHYSICALLY  PRESENT AT THE TIME THE PROCEEDING IS COMMENCED, WITHOUT
 THE NEED FOR A MOTION TO TRANSFER VENUE.
   § 6. Section 1752 of the surrogate's court procedure act,  as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 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 person who is  intellectually
 disabled  or  a person who is developmentally disabled] PURSUANT TO THIS
 ARTICLE shall include, but not be limited to, the following information:
   1. the full name, date of birth and residence of the  person  [who  is
 intellectually  disabled  or  a  person who is developmentally disabled]
 WITH A DEVELOPMENTAL DISABILITY OR A TRAUMATIC BRAIN INJURY;
   2. the name, age, address and relationship or interest  of  the  peti-
 tioner  to the person [who is intellectually disabled or a person who is
 developmentally disabled] WITH A DEVELOPMENTAL DISABILITY;
   3. the names AND ADDRESSES, IF KNOWN of the father, the mother,  ADULT
 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 petition, if any,] of the person [who is intel-
 lectually disabled or a person who is developmentally disabled]  WITH  A
 DEVELOPMENTAL  DISABILITY  OR  TRAUMATIC BRAIN INJURY 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 person [who is
 intellectually disabled or a person  who  is  developmentally  disabled]
 WITH  A  DEVELOPMENTAL  DISABILITY  OR TRAUMATIC BRAIN INJURY resides if
 other than the parents or spouse;
   5. THE NAME AND ADDRESS OF ANY PERSON  WITH  SIGNIFICANT  AND  ONGOING
 INVOLVEMENT IN THE LIFE OF THE PERSON WITH A DEVELOPMENTAL DISABILITY OR
 TRAUMATIC  BRAIN  INJURY  SO  AS  TO  HAVE SUFFICIENT KNOWLEDGE OF THEIR
 NEEDS, IF SUCH PERSONS ARE KNOWN TO THE PETITIONER;
   6. 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.]  7.  the  estimated  value  of real and personal property and the
 annual income therefrom and  any  other  income  including  governmental
 entitlements  to  which  the  person  [who is intellectually disabled or
 person who is developmentally disabled] WITH A DEVELOPMENTAL  DISABILITY
 OR TRAUMATIC BRAIN INJURY is entitled; and

 S. 5842                            11
 
   [7.  any  circumstances which the court should consider in determining
 whether it is in the best interests of the person who is  intellectually
 disabled  or person who is developmentally disabled to not be present at
 the hearing if conducted.]
   8.  AN  ENUMERATION  OF  THE  SPECIFIC  DOMAINS IN WHICH THE PERSON IS
 ALLEGED TO BE IN NEED OF A GUARDIAN OR A STATEMENT THAT  FULL  GUARDIAN-
 SHIP IS SOUGHT. SPECIFIC DOMAINS MAY INCLUDE:
   (A) INFORMED CONSENT HEALTH CARE OR OTHER PROFESSIONAL CARE;
   (B) MANAGEMENT OF MONEY OR OTHER INCOME, ASSETS OR PROPERTY;
   (C) ACCESS TO CONFIDENTIAL AND OTHER SENSITIVE INFORMATION;
   (D)  CHOICES  INVOLVING  EDUCATION, TRAINING, EMPLOYMENT, SUPPORTS AND
 SERVICES;
   (E) REQUESTING ADVOCACY, LEGAL OR OTHER PROFESSIONAL SERVICES;
   (F) CHOICE OF RESIDENCE AND SHARED LIVING ARRANGEMENTS;
   (G) CHOICES AS TO SOCIAL AND RECREATIONAL ACTIVITY;
   (H) DECISIONS CONCERNING TRAVEL; AND
   (I) APPLICATION FOR  GOVERNMENT-SPONSORED  OR  PRIVATE  INSURANCE  AND
 BENEFITS.
   9. A STATEMENT OF THE ALTERNATIVES TO GUARDIANSHIP CONSIDERED, INCLUD-
 ING  BUT  NOT  LIMITED TO THE EXECUTION OF A HEALTH CARE PROXY, POWER OF
 ATTORNEY,  REPRESENTATIVE  PAYEE,  SERVICE  COORDINATION,  AND/OR  OTHER
 SOCIAL  SUPPORT  SERVICES,  OTHER AVAILABLE SUPPORTED OR SHARED DECISION
 MAKING, AND SURROGATE DECISION-MAKING COMMITTEE,  AND  REASONS  FOR  THE
 DECLINATION OF SUCH ALTERNATIVES.
   §  7.  Section 1753 of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1753. Persons to be served AND NOTICED
   1. Upon [presentation] FILING 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 person who is intellectually disabled or person who is devel-
 opmentally disabled is married, to the spouse, if their  residences  are
 known;
   (b)  the person having care and custody of the person who is intellec-
 tually disabled or person who is developmentally disabled, or with  whom
 such person resides if other than the parents or spouse; and
   (c)  the person who is intellectually disabled or person who is devel-
 opmentally disabled if fourteen years of age or older for whom an appli-
 cation 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 person who is intellectually disa-
 bled or person who is developmentally disabled resides in such a facili-
 ty;
   (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  person  who  is
 intellectually  disabled  or  person  who  is  developmentally  disabled
 resides in such facility;
   (d) one other person if designated in writing by  the  person  who  is
 intellectually disabled or person who is developmentally disabled; and
   (e) such other persons as the court may deem proper.

 S. 5842                            12

   3.  No  process or notice shall be necessary to a parent, adult child,
 adult sibling, or spouse of the person who is intellectually disabled or
 person who is developmentally disabled who has been declared by a  court
 as  being incompetent. In addition, no process or notice shall be neces-
 sary  to  a spouse who is divorced from the 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 person  who  is
 intellectually disabled or person who is developmentally disabled.]  THE
 PERSON  WITH A DEVELOPMENTAL DISABILITY, IF PETITIONER IS OTHER THAN THE
 PERSON WITH A DEVELOPMENTAL DISABILITY ALLEGED TO BE IN NEED OF A GUARD-
 IAN; AND
   (B) THE PARENT OR PARENTS OF THE INDIVIDUAL IF THE PETITIONER IS OTHER
 THAN THE PARENTS.
   2. UPON FILING OF THE PETITION, NOTICE OF THE PETITION AND  THE  CITA-
 TION  ALONG  WITH  NOTICE  OF  THE DATE, TIME, AND LOCATION OF THE FIRST
 APPEARANCE SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED  TO
 THE  LAST KNOWN ADDRESS OF THE FOLLOWING, EXCEPT IF ANY OF THE FOLLOWING
 IS ALSO THE PETITIONER:
   (A) INDIVIDUALS LISTED IN THE PETITION PURSUANT TO  SECTION  SEVENTEEN
 HUNDRED FIFTY-TWO OF THIS ARTICLE AND SUBDIVISIONS FOUR AND FIVE OF THIS
 SECTION;
   (B)  THE  DIRECTOR  IN CHARGE OF A FACILITY LICENSED OR OPERATED BY AN
 AGENCY OF THE STATE OF NEW YORK OR THEIR DESIGNEE, IF THE PERSON WITH  A
 DEVELOPMENTAL DISABILITY RESIDES IN SUCH FACILITY;
   (C)  ANY  OTHER  PERSON  IF DESIGNATED IN WRITING BY THE PERSON WITH A
 DEVELOPMENTAL DISABILITY; AND
   (D) SUCH OTHER PERSONS AS THE COURT MAY DEEM PROPER.
   3. WITHIN FIVE DAYS OF THE FILING OF THE PETITION, A FULL COPY OF SAID
 PETITION SHALL BE SERVED BY CERTIFIED MAIL UPON THE MENTAL HYGIENE LEGAL
 SERVICE IN THE JUDICIAL DEPARTMENT IN WHICH THE PETITION  WAS  FILED.  A
 COPY OF PROOF OF MAILING SHALL BE THEREAFTER FILED WITH THE COURT.
   4.  FOR  PETITIONS  TO  MODIFY  AN  EXISTING  GUARDIANSHIP PURSUANT TO
 SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE AND/OR TO APPOINT A
 STANDBY OR ALTERNATE STANDBY GUARDIAN PURSUANT TO SUBDIVISION  SEVENTEEN
 HUNDRED FIFTY-SEVEN OF THIS ARTICLE, WRITTEN NOTICE MUST BE GIVEN TO ALL
 STANDBY  AND  ALTERNATE  STANDBY GUARDIANS CURRENTLY IN SUCCESSION FOR A
 PERSON WITH A DEVELOPMENTAL DISABILITY WHO IS THE SUBJECT OF  THE  PETI-
 TION BY REGULAR MAIL UNLESS SUCH STANDBY AND ALTERNATE STANDBY GUARDIANS
 HAVE CONSENTED TO THE PETITION. AN AFFIDAVIT OF SERVICE BY MAIL SHALL BE
 FILED WITH THE COURT.
   5.  IN  ADDITION, NO PROCESS OR NOTICE SHALL BE NECESSARY TO ANY INDI-
 VIDUAL WHO HAS EVINCED AN INTENT TO FORGO HIS OR HER RELATIONSHIP TO THE
 INDIVIDUAL AS MANIFESTED BY HIS OR HER FAILURE TO VISIT AND  COMMUNICATE
 WITH  THE PERSON ALLEGED TO BE IN NEED OF GUARDIANSHIP, ALTHOUGH ABLE TO
 DO SO AND NOT PREVENTED OR DISCOURAGED FROM  DOING  SO.  NO  PROCESS  OR
 NOTICE SHALL BE NECESSARY FOR ANY INDIVIDUAL WHO CANNOT, AFTER DUE DILI-
 GENCE,  REASONABLY  BE LOCATED. THE PETITIONER SHALL SUBMIT AN AFFIDAVIT
 TO SUCH EFFECT.
   § 8. Section 1754 of the surrogate's court procedure act  is  REPEALED
 and a new section 1754 is added to read as follows:
 § 1754. PROCEEDINGS UPON PETITION
   1.  UPON A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF A PERSON WITH
 A DEVELOPMENTAL DISABILITY EIGHTEEN YEARS OF AGE  OR  OLDER,  THE  COURT
 SHALL  NOT  LATER  THAN FORTY-FIVE DAYS FOLLOWING THE FILING OF PROOF OF

 S. 5842                            13
 
 MAILING UPON THE MENTAL HYGIENE LEGAL SERVICE, SCHEDULE AN APPEARANCE IN
 THE MATTER.
   (A)  THE  MENTAL  HYGIENE  LEGAL  SERVICE  SHALL ASCERTAIN WHETHER THE
 PERSON WITH A DEVELOPMENTAL DISABILITY ALLEGED TO NEED  A  GUARDIAN  HAS
 ANY  OBJECTION  TO  THE  RELIEF  SOUGHT  IN THE PETITION AND WHETHER THE
 SERVICE IS ABLE TO REPRESENT THE INTERESTS OF THE PERSON IN THE PROCEED-
 ING.
   (B) IF THE MENTAL HYGIENE SERVICE  REPORTS  THAT  THE  PERSON  WITH  A
 DEVELOPMENTAL  DISABILITY  ALLEGED  TO  NEED  A  GUARDIAN OBJECTS TO THE
 RELIEF SOUGHT IN THE PETITION, THE COURT SHALL APPOINT  THE  SERVICE  AS
 COUNSEL  FOR THE PERSON. IF THE SERVICE IS NOT AVAILABLE TO SERVE AS THE
 PERSON'S COUNSEL AND THE PERSON DOES NOT  OTHERWISE  HAVE  COUNSEL,  THE
 COURT SHALL APPOINT COUNSEL FOR THE PERSON FROM AMONG ATTORNEYS ELIGIBLE
 FOR  SUCH  APPOINTMENT  PURSUANT TO SECTION THIRTY-FIVE OF THE JUDICIARY
 LAW. THE COURT SHALL ENSURE THAT THE INDIVIDUAL'S COUNSEL, WHETHER IT BE
 THE SERVICE OR APPOINTED COUNSEL, HAVE DEMONSTRATED EXPERIENCE WITH  AND
 KNOWLEDGE  OF  REPRESENTING INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
 THE APPOINTMENT OF SUCH COUNSEL SHALL BE AT NO COST TO THE PETITIONERS.
   (C) IF THE MENTAL HYGIENE LEGAL SERVICE REPORTS THAT THE PERSON WITH A
 DEVELOPMENTAL DISABILITY ALLEGED TO NEED A GUARDIAN DOES NOT  OBJECT  TO
 RELIEF  SOUGHT IN THE PETITION, THE PERSON'S INTERESTS SHALL CONTINUE TO
 BE REPRESENTED BY THE SERVICE,  IF  AVAILABLE,  AND  THE  SERVICE  SHALL
 CONDUCT  AN  EXAMINATION  INTO  THE ALLEGATIONS OF FACT CONTAINED IN THE
 PETITION AND FILE WITH THE COURT AND SERVE UPON THE PETITIONER OR  THEIR
 COUNSEL  NO  LATER  THAN TEN DAYS PRIOR TO THE APPEARANCE DATE AN ANSWER
 CONFIRMING OR DENYING THE ALLEGATIONS IN THE PETITION AND REPORT  AS  TO
 WHETHER  THE SERVICE FINDS GROUNDS TO OBJECT TO THE RELIEF SOUGHT IN THE
 PETITION. IF THE SERVICE OBJECTS TO THE RELIEF SOUGHT IN  THE  PETITION,
 THE SERVICE SHALL, ALONG WITH ITS ANSWER, SERVE A COPY OF ITS UNDERLYING
 REPORT  AND  FINDINGS  UPON  THE  PETITIONER  AND/OR  THEIR COUNSEL. THE
 SERVICE WILL OTHERWISE PERFORM ITS  FUNCTIONS  CONSISTENT  WITH  UNIFORM
 REGULATIONS PROMULGATED BY THE APPELLATE DIVISION OF THE SUPREME COURT.
   (D)  IF  A  PERSON  WITH  A DEVELOPMENTAL DISABILITY ALLEGED TO NEED A
 GUARDIAN WHO DOES NOT OBJECT, DOES NOT OTHERWISE APPEAR BY  THE  SERVICE
 OR  OTHER  COUNSEL, THE COURT SHALL APPOINT A GUARDIAN AD LITEM PURSUANT
 TO THIS SECTION AND SECTION FOUR HUNDRED THREE OF THIS ACT. ANY GUARDIAN
 AD LITEM APPOINTED PURSUANT TO THIS SECTION SHALL  CONDUCT  AN  INVESTI-
 GATION  INTO  THE ALLEGATIONS OF FACT CONTAINED IN THE PETITION AND FILE
 WITH THE COURT AND SERVE NO LATER THAN TEN DAYS PRIOR TO THE  APPEARANCE
 DATE,  A REPORT OF ITS FINDINGS CONFIRMING OR DISCONFIRMING SAID ALLEGA-
 TIONS, AND IF APPROPRIATE AND UPON CONSENT OF THE PERSON WITH A DEVELOP-
 MENTAL DISABILITY NOMINATE A PERSON OR ENTITY OF THE RESPONDENT'S CHOOS-
 ING TO SERVE AS GUARDIAN, AS WELL AS ANY OTHER MATTER WHICH COULD ASSIST
 THE COURT'S CONSIDERATION OF THE MATTER, AND SERVE A COPY OF THE  REPORT
 UPON  THE  PETITIONER  AND  PETITIONER'S COUNSEL. THE COURT SHALL ENSURE
 THAT THE INDIVIDUAL'S COUNSEL, WHETHER IT BE THE  SERVICE  OR  APPOINTED
 COUNSEL, HAVE DEMONSTRATED EXPERIENCE WITH AND KNOWLEDGE OF REPRESENTING
 INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES.  THE APPOINTMENT OF SUCH
 GUARDIAN AD LITEM SHALL BE AT NO COST TO THE PETITIONER.
   (E) THE MENTAL HYGIENE LEGAL SERVICE, ANY OTHER COUNSEL FOR THE PERSON
 WITH A DEVELOPMENTAL DISABILITY ALLEGED TO NEED A GUARDIAN, OR THE GUAR-
 DIAN AD LITEM MAY APPLY TO THE COURT FOR PERMISSION TO INSPECT THE CLIN-
 ICAL RECORDS PERTAINING TO THE PERSON WITH  A  DEVELOPMENTAL  DISABILITY
 ALLEGED  TO  NEED  A GUARDIAN IN ACCORDANCE WITH STATE AND FEDERAL LAWS.
 THE SERVICE, ANY OTHER COUNSEL FOR THE PERSON WITH A DEVELOPMENTAL DISA-
 BILITY AND THE GUARDIAN AD LITEM, IF ANY, SHALL BE  AFFORDED  ACCESS  TO

 S. 5842                            14

 THE  PERSON'S  CLINICAL RECORDS WITHOUT A COURT ORDER TO THE EXTENT THAT
 SUCH ACCESS IS OTHERWISE AUTHORIZED BY STATE AND FEDERAL LAWS.
   (F)  THE PETITIONER, THE MENTAL HYGIENE LEGAL SERVICE, ANY OTHER COUN-
 SEL FOR THE PERSON WITH A DEVELOPMENTAL DISABILITY  ALLEGED  TO  NEED  A
 GUARDIAN,  AND  THE GUARDIAN AD LITEM, IF ANY, MAY REQUEST THE COURT FOR
 FURTHER EVALUATION OF THE PERSON BY A PHYSICIAN, PSYCHIATRIST OR  CERTI-
 FIED  PSYCHOLOGIST WHO HAS DEMONSTRATED EXPERIENCE WITH AND KNOWLEDGE OF
 PERSONS WITH DEVELOPMENTAL DISABILITIES. IN THE EVENT THAT FURTHER EVAL-
 UATIONS ARE REQUIRED, THE COURT MAY GRANT  APPROPRIATE  ADJOURNMENTS  OF
 THE  INITIAL  APPEARANCE  DATE  AND  MAY DIRECT, IN THE CASE OF A PERSON
 DETERMINED TO BE INDIGENT, THAT ANY FURTHER COURT AUTHORIZED EVALUATIONS
 BE PAID FOR OUT OF FUNDS AVAILABLE PURSUANT TO  SECTION  THIRTY-FIVE  OF
 THE JUDICIARY LAW.  SUCH EVALUATION SHALL BE AT NO COST TO THE PETITION-
 ER.
   2.  AT  THE  FIRST  APPEARANCE, THE RESPONDENT SHALL BE PRESENT UNLESS
 SUCH PRESENCE IS EXCUSED BY THE COURT BASED UPON THE STANDARD SET  FORTH
 IN  PARAGRAPH  (D)  OF THIS SUBDIVISION AND UPON RECOMMENDATION OF PETI-
 TIONER AND/OR PETITIONER'S COUNSEL, THE MENTAL  HYGIENE  LEGAL  SERVICE,
 RESPONDENT'S  COUNSEL,  OR  THE GUARDIAN AD LITEM IF THE RESPONDENT DOES
 NOT HAVE COUNSEL.   THE PETITIONER SHALL ALSO  BE  PRESENT  AND  MAY  BE
 REPRESENTED BY COUNSEL. ANY OTHER PARTY REQUIRED TO BE SERVED OR NOTICED
 WITH PROCESS IN THE MATTER MAY BE PRESENT.
   (A)  PRIOR TO SUCH APPEARANCE, THE PETITIONER, EITHER PERSONALLY OR BY
 COUNSEL, MAY CONFER WITH THE SERVICE, RESPONDENT'S COUNSEL AND THE GUAR-
 DIAN AD LITEM IF RESPONDENT DOES NOT HAVE COUNSEL AND AGREE TO AMEND ANY
 PART OF ITS PETITION AND ALLEGATIONS OF FACT THEREIN. ANY  SUCH  AMENDED
 PETITION  SHALL  BE  FILED WITH THE COURT PRIOR TO THE DATE OF THE FIRST
 APPEARANCE.
   (B) AT THE FIRST APPEARANCE, THE COURT SHALL EXAMINE THE ANSWER OF THE
 SERVICE, RESPONDENT'S COUNSEL, OR THE REPORT OF THE GUARDIAN  AD  LITEM,
 IF  ANY,  AND MAY HEAR FROM THE PETITIONER AND THE SERVICE, RESPONDENT'S
 COUNSEL AND THE GUARDIAN AD LITEM, IF ANY, ON THE CONTENTS OF  THE  SAID
 ANSWER OR REPORT AND ANY AMENDED PETITION FILED.
   (C)  THE  COURT  MAY  DIRECT  THAT AN ORDER AND DECREE OF GUARDIANSHIP
 ISSUE, INCLUDING THE AUTHORITY OF THE GUARDIAN TO ACT ON BEHALF  OF  THE
 RESPONDENT  WITH RESPECT TO ANY MATTER IN WHICH PETITIONER, THE SERVICE,
 RESPONDENT'S COUNSEL, AND THE GUARDIAN AD LITEM, IF ANY,  ALL  AGREE  ON
 THE  RECORD  THAT  THE RESPONDENT REQUIRES THE REQUESTED RELIEF AND DOES
 NOT OBJECT TO SUCH RELIEF.
   (D) IN THE EVENT THAT THE PETITION CANNOT BE DISPOSED OF BY THE AGREE-
 MENT OF THE COURT AND ALL OF THE PARTIES, THE  COURT  SHALL  SCHEDULE  A
 HEARING  IN THE MATTER WITHIN FORTY-FIVE DAYS OF THE FIRST APPEARANCE AT
 WHICH THE RESPONDENT SHALL BE PRESENT UNLESS  IT  SHALL  APPEAR  TO  THE
 COURT  THAT  THE  RESPONDENT'S PRESENCE IS MEDICALLY CONTRAINDICATED, IN
 THAT IT WOULD BE LIKELY TO CAUSE HARM TO THE RESPONDENT, OR  UNDER  SUCH
 OTHER  CIRCUMSTANCES  RAISED  BY  OR  ON BEHALF OF THE RESPONDENT AS THE
 COURT AGREES THAT THE RESPONDENT'S PRESENCE WOULD NOT BE IN HIS  OR  HER
 BEST  INTERESTS,  PROVIDED  HOWEVER THAT THE RESPONDENT'S PRESENCE SHALL
 NOT BE WAIVED OVER THE OBJECTION OF THE SERVICE,  RESPONDENT'S  COUNSEL,
 OR  A  GUARDIAN  AD LITEM, IF ANY, IN WHICH CASE THE COURT SHALL CONDUCT
 THE HEARING WHERE THE RESPONDENT RESIDES, IF THE COURT IS SATISFIED THAT
 THE RESPONDENT'S PRESENCE WOULD BE HARMFUL TO THE RESPONDENT.
   3. IF THERE ARE ANY OBJECTIONS TO THE RELIEF SOUGHT BY THE PETITIONER,
 THE RESPONDENT HAS A RIGHT TO A HEARING OR JURY TRIAL,  IF  DEMANDED  BY
 THE  RESPONDENT.  IN  ADDITION,  THE  COURT MAY CONDUCT A HEARING AT THE
 REQUEST OF ANY PARTY OR ON ITS OWN MOTION. AT ANY SUCH HEARING OR TRIAL,

 S. 5842                            15
 
 THE PETITIONER MUST ESTABLISH BY CLEAR AND CONVINCING EVIDENCE ANY FACTS
 ALLEGED IN THE PETITION OR AMENDED PETITION WHICH ARE  CONTROVERTED  AND
 ARE  RELEVANT  TO WHETHER RESPONDENT HAS A DEVELOPMENTAL DISABILITY, AND
 IF  SO,  WHETHER  APPOINTMENT OF A GUARDIAN IS REQUIRED AND THE SCOPE OF
 THE GUARDIAN'S POWERS.   ANY OTHER MATTER MUST BE  PROVEN  BY  THE  FAIR
 PREPONDERANCE OF THE EVIDENCE PRESENTED AND ADMITTED.
   4.  IF,  UPON  CONCLUSION  OF  SUCH HEARING OR JURY TRIAL, IF ANY, THE
 COURT IS SATISFIED THAT THE RESPONDENT HAS  A  DEVELOPMENTAL  DISABILITY
 AND REQUIRES THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR PROPERTY, OR
 BOTH,  IT  SHALL MAKE A DECREE NAMING SUCH PERSON OR PERSONS TO SERVE AS
 SUCH GUARDIANS. THE POWERS OF THE GUARDIAN  SHALL  BE  TAILORED  TO  THE
 NEEDS OF THE RESPONDENT.
   §  9.  The  surrogate's court procedure act is amended by adding a new
 section 1754-a to read as follows:
 § 1754-A. DECISION MAKING STANDARD
   DECISIONS MADE BY A GUARDIAN APPOINTED PURSUANT TO THIS ARTICLE  SHALL
 BE MADE IN ACCORDANCE WITH THE FOLLOWING STANDARDS:
   1.  A  GUARDIAN  SHALL  EXERCISE AUTHORITY ONLY AS NECESSITATED BY THE
 PERSON WITH A DEVELOPMENTAL DISABILITY'S LIMITATIONS, AND, TO THE EXTENT
 POSSIBLE, SHALL ENCOURAGE THE PERSON WITH A DEVELOPMENTAL DISABILITY  TO
 PARTICIPATE IN DECISIONS AND TO ACT ON HIS OR HER OWN BEHALF.
   2. A GUARDIAN SHALL CONSIDER THE EXPRESSED DESIRES AND PERSONAL VALUES
 OF  THE PERSON WITH A DEVELOPMENTAL DISABILITY TO THE EXTENT KNOWN, WHEN
 MAKING DECISIONS AND SHALL CONSULT WITH THE PERSON WITH A  DEVELOPMENTAL
 DISABILITY WHENEVER MEANINGFUL COMMUNICATION IS POSSIBLE.
   3. IF THE PERSON'S WISHES ARE UNKNOWN AND REMAIN UNKNOWN AFTER REASON-
 ABLE EFFORTS TO DISCERN THEM, THE DECISION SHALL BE MADE ON THE BASIS OF
 THE  BEST  INTERESTS  OF  THE  PERSON WITH A DEVELOPMENTAL DISABILITY AS
 DETERMINED BY THE GUARDIAN. IN DETERMINING THE  BEST  INTERESTS  OF  THE
 PERSON  WITH  A  DEVELOPMENTAL  DISABILITY, THE GUARDIAN SHALL WEIGH THE
 REASON FOR AND NATURE OF THE PROPOSED ACTION; THE BENEFIT  OR  NECESSITY
 OF THE ACTION, THE POSSIBLE RISKS AND OTHER CONSEQUENCES OF THE PROPOSED
 ACTION; AND ANY AVAILABLE ALTERNATIVES AND THEIR RISKS, CONSEQUENCES AND
 BENEFITS.  THE  GUARDIAN  SHALL TAKE INTO ACCOUNT ANY OTHER INFORMATION,
 INCLUDING THE VIEWS OF FAMILY AND FRIENDS, THAT  THE  GUARDIAN  BELIEVES
 THE PERSON WITH A DEVELOPMENTAL DISABILITY WOULD HAVE CONSIDERED IF ABLE
 TO ACT FOR HERSELF OR HIMSELF.
   §  10. Section 1755 of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1755. Modification order
   Any person [who is intellectually disabled or person who  is  develop-
 mentally disabled] WITH A DEVELOPMENTAL DISABILITY eighteen years of age
 or  older,  or any person on behalf of any person [who is intellectually
 disabled or person who is developmental disabled] WITH  A  DEVELOPMENTAL
 DISABILITY  for  whom  a  guardian  has been appointed, may apply to the
 court [having jurisdiction over  the  guardianship  order]  PURSUANT  TO
 SECTION SEVENTEEN HUNDRED FIFTY-ONE-A OF THIS ARTICLE requesting modifi-
 cation  of such order in order to protect the person [who is intellectu-
 ally disabled's, or person who is  developmentally  disabled's]  WITH  A
 DEVELOPMENTAL   DISABILITY'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. SUCH GUARDI-
 AN  AD  LITEM  SHALL  HAVE DEMONSTRATED EXPERIENCE WITH AND KNOWLEDGE OF
 PERSONS WITH DEVELOPMENTAL DISABILITIES. The court shall so  modify  the
 guardianship  order if in its judgment the interests of the guardian are
 adverse to those of the person [who is intellectually disabled or person

 S. 5842                            16

 who is developmentally disabled] WITH A DEVELOPMENTAL DISABILITY  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  person [who is intellectually disabled or
 person who is developmentally disabled] WITH A DEVELOPMENTAL DISABILITY.
   § 11. Section 1756 of the surrogate's court procedure act, as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 §  1756. Limited [guardian of the property] PURPOSE AND/OR LIMITED DURA-
            TION GUARDIANSHIP
   1. A. When it shall appear to the satisfaction of the court that  such
 person  [who is intellectually disabled or person who is developmentally
 disabled] WITH A DEVELOPMENTAL DISABILITY for whom  an  application  for
 guardianship  is  made PURSUANT TO THIS ARTICLE 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  person
 [who  is  intellectually disabled or person who is developmentally disa-
 bled] who shall receive, manage, disburse  and  account  for  only  such
 property of said person [who is intellectually disabled or person who is
 developmentally  disabled]  WITH  A DEVELOPMENTAL DISABILITY as shall be
 received from other than the wages or earnings of said person.
   B. The person [who is intellectually disabled or person who is  devel-
 opmentally  disabled] 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,  whichever  is
 greater, or as otherwise authorized by the court.
   2.  WHEN IT SHALL APPEAR TO THE SATISFACTION OF THE COURT, EITHER UPON
 A PETITION FOR GUARDIANSHIP FILED AS  PERMITTED  BY  SECTIONS  SEVENTEEN
 HUNDRED  FIFTY-ONE  AND  SEVENTEEN  HUNDRED FIFTY-TWO OF THIS ARTICLE OR
 UPON A PETITION FILED PURSUANT TO THIS SECTION IN A SIMPLIFIED FORMAT TO
 BE ESTABLISHED BY THE OFFICE OF  COURT  ADMINISTRATION  IN  CONSULTATION
 WITH  THE  OFFICE  FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES AND OTHER
 INTERESTED STAKEHOLDERS, THAT A PERSON WITH A  DEVELOPMENTAL  DISABILITY
 NEEDS THE ASSISTANCE OF A GUARDIAN OF THE PERSON AND/OR PROPERTY FOR THE
 PURPOSE  OF  MAKING  A  SINGLE  DECISION OR FOR A BRIEF STATED PERIOD OF
 TRANSITION IN SUCH PERSON'S LIFE, THE COURT MAY APPOINT  A  LIMITED-PUR-
 POSE  GUARDIAN  OF THE PERSON AND/OR PROPERTY TO EFFECTUATE SUCH A DECI-
 SION OR TRANSITION. IN ANY SUCH CASE, THE PROVISIONS OF  SECTION  SEVEN-
 TEEN  HUNDRED  FIFTY-FOUR  OF  THIS ARTICLE SHALL APPLY, EXCEPT THAT THE
 PERIOD FOR THE RENDERING OF A REPORT BY THE MENTAL HYGIENE LEGAL SERVICE
 OR OTHER RESPONDENT'S COUNSEL MAY BE  SHORTENED  AS  MAY  BE  REASONABLY
 NECESSARY  TO  MEET  THE NEEDS OF THE RESPONDENT UNDER THE CIRCUMSTANCES
 PRESENTED. AN ORDER APPOINTING AND  EMPOWERING  SUCH  A  LIMITED-PURPOSE
 GUARDIAN  OF  THE  PERSON  AND/OR  PROPERTY SHALL STATE SPECIFICALLY THE
 DURATION AND SCOPE OF SUCH GUARDIAN'S AUTHORITY.
   § 12. Section 1757 of the surrogate's court procedure act, as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1757. Standby  guardian of a person [who is intellectually disabled or
           person who is developmentally disabled] WITH  A  DEVELOPMENTAL
           DISABILITY
   1.  Upon  application, a standby guardian of the person or property or
 both of a person [who is intellectually disabled or person who is devel-
 opmentally disabled] WITH A DEVELOPMENTAL DISABILITY may be appointed by

 S. 5842                            17
 
 the court. ANY SUCH APPLICATION SHALL BE MADE UPON NOTICE TO THE  MENTAL
 HYGIENE  LEGAL SERVICE. 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, EXCEPT THAT THE COURT SHALL NOT
 REQUIRE THE PETITIONER TO RESUBMIT PROOF OF THE NEED FOR GUARDIANSHIP.
   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  THE  FILING  OF  AN APPLICATION FOR 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 person [who is
 intellectually disabled or person who is developmentally disabled]  WITH
 A DEVELOPMENTAL DISABILITY or the person [who is intellectually disabled
 or person who is developmentally disabled] WITH A DEVELOPMENTAL DISABIL-
 ITY  if  such  person  is  eighteen  years  of age or older, or upon its
 discretion, EXCEPT THAT THE COURT SHALL NOT REQUIRE  THE  PETITIONER  TO
 RESUBMIT PROOF OF THE NEED FOR GUARDIANSHIP.
   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 person [who is intellectually
 disabled or person who is developmentally disabled] WITH A DEVELOPMENTAL
 DISABILITY 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,  EXCEPT  THAT  THE  COURT SHALL NOT REQUIRE THE PETITIONER TO
 RESUBMIT PROOF OF THE NEED FOR GUARDIANSHIP.
   § 13. Section 1758 of the surrogate's court procedure act, as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 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
 person [who is intellectually disabled or person who is  developmentally
 disabled]  WITH  A DEVELOPMENTAL DISABILITY for whom such guardian shall
 have been appointed, to take of its own motion or to entertain and adju-
 dicate such steps and proceedings relating to such guardian, standby, or
 alternate guardianship as may be deemed  necessary  or  proper  for  the

 S. 5842                            18
 
 welfare  of such person [who is intellectually disabled or person who is
 developmentally disabled] WITH A DEVELOPMENTAL DISABILITY.
   §  14. Section 1759 of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1759. Duration of guardianship
   1. Such guardianship shall not terminate at the  age  of  majority  or
 marriage of such person [who is intellectually disabled or person who is
 developmentally  disabled]  WITH  A  DEVELOPMENTAL  DISABILITY 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
 person  [who is intellectually disabled or person who is developmentally
 disabled] WITH A DEVELOPMENTAL DISABILITY 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 guardi-
 anship order modified, dissolved or otherwise amended. Upon such a peti-
 tion for review, the court shall conduct a hearing pursuant  to  section
 seventeen hundred fifty-four of this article EXCEPT THAT THE COURT SHALL
 NOT  REQUIRE  THE PETITIONER TO RESUBMIT PROOF OF THE NEED FOR GUARDIAN-
 SHIP.
   3. Upon marriage of such person [who  is  intellectually  disabled  or
 person  who is developmentally disabled] WITH A DEVELOPMENTAL DISABILITY
 for whom such a guardian has  been  appointed,  the  court  shall,  upon
 request  of  the person [who is intellectually disabled or person who is
 developmentally disabled] WITH A DEVELOPMENTAL  DISABILITY,  spouse,  or
 any  other  person acting on behalf of the person [who is intellectually
 disabled or person who is developmentally disabled] WITH A DEVELOPMENTAL
 DISABILITY, review the need, if any, to modify,  dissolve  or  otherwise
 amend the guardianship order including, but not limited to, the appoint-
 ment  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 EXCEPT THAT THE COURT SHALL NOT REQUIRE  THE  PETITIONER
 TO RESUBMIT PROOF OF THE NEED FOR GUARDIANSHIP.
   §  15. Section 1760 of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 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 a person  [who  is  intellectually
 disabled or person who is developmentally disabled] WITH A DEVELOPMENTAL
 DISABILITY,  may be appointed as the guardian of the person only of such
 person [who is intellectually disabled or person who is  developmentally
 disabled]  WITH A DEVELOPMENTAL DISABILITY. UPON SPECIFIC REQUEST TO AND
 APPROVAL BY THE COURT, SUCH AUTHORITY OF A NOT-FOR-PROFIT CORPORATION AS
 GUARDIAN OF THE PERSON WITH DEVELOPMENTAL DISABILITIES SHALL INCLUDE THE
 AUTHORITY TO ESTABLISH A SUPPLEMENTAL NEEDS TRUST ACCOUNT FOR THE  BENE-
 FIT OF THE PERSON WITH A DEVELOPMENTAL DISABILITY, IF NECESSARY.
   §  16. Section 1761 of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 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

 S. 5842                            19
 
 article with the same force and effect as if  an  "infant",  as  therein
 referred  to, were a "person [who is intellectually disabled" or "person
 who is developmentally disabled] WITH  A  DEVELOPMENTAL  DISABILITY"  as
 herein defined, and a "guardian" as therein referred to were a "guardian
 of  the  person  [who  is  intellectually  disabled" or a "guardian of a
 person who is developmentally disabled] WITH A DEVELOPMENTAL DISABILITY"
 as herein provided for.
   § 17. The surrogate's court procedure act is amended by adding  a  new
 section 1762 to read as follows:
 § 1762. ANNUAL ACCOUNT AND ASSET VERIFICATION FORM
   1.  A  GUARDIAN OF THE PROPERTY OF A PERSON WITH A DEVELOPMENTAL DISA-
 BILITY MUST, WITHIN THE COUNTIES WITHIN THE CITY OF NEW YORK AND  WITHIN
 THE COUNTIES OF NASSAU, ORANGE, SUFFOLK AND WESTCHESTER, ANNUALLY WITHIN
 THIRTY  DAYS  AFTER THE ANNIVERSARY OF HIS OR HER APPOINTMENT AND WITHIN
 EVERY OTHER COUNTY IN THE MONTH OF JANUARY OF EACH YEAR, AS LONG AS  ANY
 OF THE PERSON WITH A DEVELOPMENTAL DISABILITY'S PROPERTY OF THE PROCEEDS
 THEREOF  REMAINS  UNDER  THE  GUARDIAN'S  CONTROL, FILE IN THE COURT THE
 MODEL GUARDIANSHIP ACCOUNT AND ASSET VERIFICATION FORM ANNEXED HERETO. A
 COPY OF THE ANNUAL GUARDIANSHIP ACCOUNT AND ASSET VERIFICATION  FORM  IS
 ALSO  TO  BE  SENT  BY REGULAR MAIL TO ALL STANDBY AND ALTERNATE STANDBY
 GUARDIANS THEN NAMED IN THE COURT'S DECREE TO THEIR LAST KNOWN ADDRESS.
   2. THE MODEL GUARDIANSHIP ACCOUNT AND ASSET VERIFICATION FORM SHALL BE
 AS FOLLOWS:
             GUARDIANSHIP ACCOUNT AND ASSET VERIFICATION FORM
 *THE ORIGINAL OF THIS FORM IS TO BE FILED WITH THE SURROGATE COURT CLERK
 WHERE GUARDIANSHIP WAS ORIGINALLY OBTAINED. A COPY OF THIS FORM IS TO BE
 SENT TO ALL STANDBY GUARDIANS AND ALTERNATE STANDBY GUARDIANS BY REGULAR
 MAIL.
 I. GUARDIANSHIP DATA
 GUARDIAN INFORMATION
 _________________________
                                 HOME PHONE #: ______________________
 GUARDIAN'S NAME                 MOBILE PHONE #:_____________________
                                 WORK PHONE#:________________________
 _________________________       E-MAIL ADDRESS (IF ANY):_________________
 STREET ADDRESS
 _________________________
 CITY STATE ZIP
 WARD INFORMATION
 ___________________________
 WARD'S NAME & DATE OF BIRTH
 ___________________________
 STREET ADDRESS
 ___________________________
 CITY STATE ZIP
 IF THE WARD LIVES IN A RESIDENTIAL FACILITY OR OTHER SETTING UNDER
 SOMEONE'S CARE, PLEASE PROVIDE THE FOLLOWING INFORMATION:
 NAME/ADDRESS: ________________________________
 CONTACT PERSON: ________________________________
 PHONE #: ______________________________________
 E-MAIL ADDRESS (IF ANY): _________________________
 II. GUARDIANSHIP ACCOUNT AND ASSET VERIFICATION FORM
 NOTE: ABSOLUTELY  NO  WITHDRAWALS  ARE  PERMITTED  FROM  A  GUARDIANSHIP
 ACCOUNT WITHOUT A PRIOR WRITTEN COURT ORDER FROM THE ____________ COUNTY
 SURROGATE'S COURT.

 S. 5842                            20
 
 PLEASE HAVE THE FINANCIAL INSTITUTION COMPLETE THIS SECTION IF A GUARDI-
 ANSHIP ACCOUNT EXISTS FOR THE INDIVIDUAL FOR WHOM YOU SERVE AS GUARDIAN.
 THIS  IS  TO  CERTIFY THAT THE RECORDS OF (NAME & ADDRESS OF INSTITUTION
 HOLDING ASSETS INDICATED HEREIN) SHOW THAT (NAME & ADDRESS OF GUARDIAN),
 AS GUARDIAN OF (NAME OF WARD) HAD A BALANCE AS OF DECEMBER  31,  (INSERT
 YEAR)  OF  $(INSERT  AMOUNT)  IN ACCOUNT # ______________, WHICH IS IN A
 COURT RESTRICTED GUARDIANSHIP ACCOUNT WITH THIS  FINANCIAL  INSTITUTION.
 THIS  ACCOUNT  EARNED INTEREST IN THE AMOUNT OF $_________ IN (YEAR), AS
 WILL BE REPORTED ON THE 1099 FOR THIS ACCOUNT.
 IN WITNESS WHEREOF, THE FINANCIAL INSTITUTION HAS HEREUNTO SET ITS  HAND
 AND CORPORATE SEAL THE DAY AND YEAR NOTED HEREIN.
 BY: ______________________
 OFFICIAL TITLE: ______________________
 *************************************************************************
 IF  YOU  ARE  NOT  HOLDING FUNDS FOR YOUR WARD, PLEASE SIGN BELOW IN THE
 PRESENCE OF A NOTARY PUBLIC.
 I CERTIFY UNDER PENALTY OF PERJURY THAT I AM NOT HOLDING  ANY  FUNDS  IN
 ANY FINANCIAL INSTITUTION OR OTHERWISE FOR MY WARD, (NAME OF WARD).
 GUARDIAN SIGNATURE : _______________________
 PRINT NAME: _______________________
 SWORN TO AND SUBSCRIBED BEFORE ME:
 __________________________
 NOTARY PUBLIC
   §  18. Paragraph a of subdivision 1 and subdivision 4 of section 35 of
 the judiciary law, paragraph a of subdivision 1 as  amended  by  chapter
 817  of the laws of 1986, subdivision 4 as amended by chapter 706 of the
 laws of 1975 and as renumbered by chapter 315 of the laws of  1985,  are
 amended to read as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus  to inquire into the cause of detention of a person in custody in
 a state institution, or when it orders a hearing in a  civil  proceeding
 to  commit  or transfer a person to or retain him in a state institution
 when such person is alleged to be mentally ill, mentally defective or  a
 narcotic  addict,  or when it orders a hearing for the commitment of the
 guardianship and custody of a child to an authorized agency by reason of
 the mental illness or [mental retardation] DEVELOPMENTAL DISABILITY of a
 parent, OR WHEN IT ORDERS  A  HEARING  FOR  GUARDIANSHIP  UNDER  ARTICLE
 SEVENTEEN-A  OF  THE SURROGATE'S COURT PROCEDURE ACT or when it orders a
 hearing to determine whether consent to the adoption of a child shall be
 required of a parent who is alleged to  be  mentally  ill  or  [mentally
 retarded]  HAVE  A DEVELOPMENTAL DISABILITY, or when it orders a hearing
 to determine the best interests of a child when the parent of the  child
 revokes  a  consent to the adoption of such child and such revocation is
 opposed or in any adoption or custody proceeding if it  determines  that
 assignment  of  counsel in such cases is mandated by the constitution of
 this state or of the United States, the  court  may  assign  counsel  to
 represent  such  person if it is satisfied that he is financially unable
 to obtain counsel. Upon an appeal taken from an  order  entered  in  any
 such  proceeding,  the  appellate  court may assign counsel to represent
 such person upon the appeal if it is satisfied that  he  is  financially
 unable to obtain counsel.
   4.  In any proceeding described in paragraph (a) of subdivision one of
 this section, when a person is alleged to BE A PERSON  WITH  A  DEVELOP-
 MENTAL DISABILITY OR TRAUMATIC BRAIN INJURY IN NEED OF A GUARDIAN PURSU-
 ANT  TO  ARTICLE  SEVENTEEN-A OF THE SURROGATE'S COURT PROCEDURE ACT, be
 mentally ill, mentally defective or a narcotic addict, the  court  which

 S. 5842                            21
 
 ordered  the  hearing may appoint no more than two psychiatrists, certi-
 fied psychologists or physicians to examine and testify at  the  hearing
 upon  the  condition  of  such  person.  A psychiatrist, psychologist or
 physician  so  appointed shall, upon completion of his services, receive
 reimbursement for expenses reasonably incurred  and  reasonable  compen-
 sation  for  such  services, to be fixed by the court. Such compensation
 shall not exceed two hundred dollars if one  psychiatrist,  psychologist
 or  physician is appointed, or an aggregate sum of three hundred dollars
 if two psychiatrists, psychologists or physicians are appointed,  except
 that  in  extraordinary  circumstances the court may provide for compen-
 sation in excess of the foregoing limits.
   § 19. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.