S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8301
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE  --  (at request of the Unified Court
   System) -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   guardians  of persons who are intellectually and developmentally disa-
   bled; and to repeal certain provisions of such law 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 is
 REPEALED and a new section 1750 is added to read as follows:
 § 1750. DEFINITIONS
   WHEN USED IN THIS ARTICLE:
   1. "DEVELOPMENTAL DISABILITY" SHALL MEAN  A  DEVELOPMENTAL  DISABILITY
 WITHIN  THE  MEANING  OF  SUBDIVISION  TWENTY-TWO OF SECTION 1.03 OF THE
 MENTAL HYGIENE LAW.
   2. "TRAUMATIC BRAIN INJURY"  SHALL  MEAN  AN  INJURY,  AS  DEFINED  IN
 SECTION  TWENTY-SEVEN  HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW, WHICH
 ORIGINATED BEFORE THE AGE OF TWENTY-TWO.
   3. "RESPONDENT" SHALL MEAN AN INDIVIDUAL LISTED  IN  THE  PETITION  AS
 ALLEGED TO HAVE A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY, AS
 DEFINED IN THIS SECTION.
   § 2. Section 1750-a of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1750-a. Guardianship  of  persons  [who  are developmentally disabled]
             WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY
   1. When it shall appear to the  satisfaction  of  the  court  [that  a
 person is a person who is developmentally disabled, the court is author-
 ized  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. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09902-02-5
              

 A. 8301                             2

 shall not apply to the appointment of  a  guardian  or  guardians  of  a
 person  who  is developmentally disabled. For the purposes of this arti-
 cle, a person who is developmentally 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  devel-
 opmental disabilities, having qualifications 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  incapa-
 ble  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 indefinitely, 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  intellectual  disability  because  such  condition
 results in similar impairment of  general  intellectual  functioning  or
 adaptive behavior to that of 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 intellectual disabili-
 ty; and
   (d) originates before such person attains  age  twenty-two,  provided,
 however, that no such age of origination shall apply for the purposes of
 this article to a person with traumatic head injury.
   2.  Notwithstanding  any  provision  of  law  to the contrary, for the
 purposes of subdivision two  of  section  seventeen  hundred  fifty  and
 section  seventeen  hundred  fifty-b  of  this article, "a person who is
 intellectually disabled and his or  her  guardian"  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 an intellectual disability, or (ii) having a developmental  disa-
 bility,  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] BASED ON  CLEAR  AND
 CONVINCING EVIDENCE THAT THE RESPONDENT IS A PERSON WITH A DEVELOPMENTAL
 DISABILITY  OR TRAUMATIC BRAIN INJURY, THE COURT MAY APPOINT PURSUANT TO
 THE PROVISIONS OF THIS ARTICLE A GUARDIAN OF THE PERSON OR OF THE  PROP-
 ERTY  OR BOTH PROVIDED THAT GUARDIANSHIP SHALL BE IMPOSED ONLY IF NECES-
 SARY AND IN THE LEAST RESTRICTIVE MANNER  SPECIFICALLY  CONSIDERING  THE
 RESPONDENT'S FUNCTIONAL ABILITIES.
   2.  EVERY DECREE ISSUED PURSUANT TO THIS ARTICLE SHALL INCLUDE A FIND-
 ING AS TO WHETHER THE RESPONDENT HAS THE CAPACITY TO  MAKE  HEALTH  CARE
 DECISIONS,  AS  DEFINED  BY  SUBDIVISION  THREE  OF  SECTION TWENTY-NINE
 HUNDRED EIGHTY OF THE  PUBLIC  HEALTH  LAW.  A  DETERMINATION  THAT  THE
 RESPONDENT  HAS  THE  CAPACITY  TO  MAKE HEALTH CARE DECISIONS SHALL NOT
 PRECLUDE THE APPOINTMENT OF A GUARDIAN TO MAKE OTHER DECISIONS ON BEHALF
 OF THE RESPONDENT.
   § 3. Section 1750-b of the surrogate's court procedure act, as amended
 by chapter 198 of the laws of 2016, subparagraph (i) of paragraph (b) of
 subdivision 4 and paragraph (d) of subdivision 5 as amended  by  chapter
 40 of the laws of 2024, is amended to read as follows:
 A. 8301                             3
 
 § 1750-b. Health  care  decisions  for  persons  [who are intellectually
             disabled] WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN
             INJURY
   1.  Scope  of  authority.  Unless specifically prohibited by the court
 after consideration of the determination,  if  any,  regarding  [a]  THE
 CAPACITY  OF A person [who is intellectually disabled's capacity] WITH A
 DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY to make  health  care
 decisions,  which  is  required  by  section  seventeen  hundred [fifty]
 FIFTY-A of this article, the guardian of such person appointed  pursuant
 to  section seventeen hundred [fifty] FIFTY-A 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  OR  TRAUMATIC BRAIN INJURY that such
 person could make if  such  person  had  capacity.  Such  decisions  may
 include decisions to withhold or withdraw life-sustaining treatment. For
 purposes  of  this  section,  "life-sustaining  treatment" 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  judg-
 ment,  the  patient  will  die  within  a  relatively short time period.
 Cardiopulmonary resuscitation is presumed to be  life-sustaining  treat-
 ment  without the necessity of a medical judgment by an attending physi-
 cian. 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  intellectually  disabled]
 WITH  A  DEVELOPMENTAL  DISABILITY  OR  TRAUMATIC BRAIN INJURY 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] A TRAUMATIC BRAIN INJURY, or (ii) has a devel-
 opmental  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 disa-
 bility].  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
 A. 8301                             4
 
 of the protections, procedures and safeguards which apply to  the  deci-
 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.
   (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. Regulations  to  implement  the
 authority  of  the Willowbrook consumer advisory board pursuant to para-
 graph (a) of this subdivision may be promulgated by the commissioner  of
 the  office  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 person [who is intellectually disabled] WITH A DEVELOP-
 MENTAL DISABILITY OR TRAUMATIC BRAIN INJURY and, when  reasonably  known
 or ascertainable with reasonable diligence, on [the person who is intel-
 lectually  disabled's]  SUCH  PERSON'S wishes, including moral and reli-
 gious beliefs.
   (b) An assessment of [the person  who  is  intellectually  disabled's]
 SUCH PERSON'S best interests shall include consideration of:
   (i) the dignity and uniqueness of every person;
   (ii)  the  preservation, improvement or restoration of [the person who
 is intellectually disabled's] SUCH PERSON'S health;
   (iii) the relief of [the person who is intellectually disabled's] SUCH
 PERSON'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] SUCH 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 [who are intellectually disabled]  WITH
 A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY 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 disability OR TRAUMATIC BRAIN INJURY; 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  [person  who
 A. 8301                             5

 is  intellectually disabled's] health care OF THE PERSON WITH A DEVELOP-
 MENTAL DISABILITY OR TRAUMATIC BRAIN INJURY.
   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 OR TRAUMATIC BRAIN INJURY:
   (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 OR TRAUMATIC BRAIN
 INJURY lacks capacity to make health care decisions.  The  determination
 thereof  shall  be  included  in [the person who is intellectually disa-
 bled's] SUCH PERSON'S medical record, and shall contain  such  attending
 physician's opinion regarding the cause and nature of [the person who is
 intellectually  disabled's]  SUCH  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 disa-
 bled's] SUCH 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  devel-
 opmental  disabilities  services  office  named  in section 13.17 of the
 mental hygiene law or employed by the office for  people  with  develop-
 mental  disabilities to provide treatment and care to people with devel-
 opmental 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 disa-
 bilities, or (iii) have been approved by the commissioner of the  office
 for  people  with  developmental  disabilities  in accordance with regu-
 lations 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. A record
 of such consultation shall be included in the [person who is intellectu-
 ally disabled's] medical record OF THE PERSON WITH A DEVELOPMENTAL DISA-
 BILITY OR TRAUMATIC BRAIN INJURY.
   (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]  chart  OF  THE
 PERSON WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY that:
   (i)  [the]  SUCH person [who is intellectually disabled] has a medical
 condition as follows:
   A. a terminal condition, which for the purpose of this  section  means
 an  illness or injury from which there is no recovery, and which reason-
 ably can be expected to cause death within one year; or
   B. permanent unconsciousness; or
   C. a medical condition other than such person's [intellectual]  DEVEL-
 OPMENTAL  disability  OR TRAUMATIC BRAIN INJURY which requires life-sus-
 taining 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. 8301                             6
 
   A.  such  person's medical condition, other than such person's [intel-
 lectual] DEVELOPMENTAL disability OR TRAUMATIC BRAIN INJURY; and
   B.  the  expected  outcome  of the life-sustaining treatment, notwith-
 standing such person's [intellectual] DEVELOPMENTAL disability OR  TRAU-
 MATIC BRAIN INJURY; 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] THE attend-
 ing physician TO THE PERSON WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC
 BRAIN  INJURY,  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
 [person  who  is  intellectually disabled's] medical chart OF THE PERSON
 WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC  BRAIN  INJURY,  and  shall
 either:
   (i)  promptly  issue  an order to withhold or withdraw life-sustaining
 treatment from [the] SUCH 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 OR TRAUMATIC BRAIN INJURY, 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  certain-
 ty,  the  person  would  suffer  immediate  and  severe injury from such
 notification. The attending physician who makes the confirmation, or the
 physician or licensed psychologist with  whom  the  attending  physician
 consults, shall:
   A.  be  employed by a developmental disabilities services office named
 in section 13.17 of the mental hygiene law or employed by the office for
 people with developmental disabilities to provide treatment and care  to
 people with developmental disabilities, or
   B.  have  been  employed for a minimum of two years to render care and
 service in a facility operated, licensed or authorized by the office 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
 A. 8301                             7
 
 years  experience  in treating intellectual disability. A record of such
 consultation shall be included in  the  [person  who  is  intellectually
 disabled's] medical record OF THE PERSON WITH A DEVELOPMENTAL DISABILITY
 OR TRAUMATIC BRAIN INJURY;
   (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] THEIR 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
 OR TRAUMATIC BRAIN INJURY, in the event of an objection to that decision
 at any time by:
   (i) the person [who is intellectually disabled] WITH  A  DEVELOPMENTAL
 DISABILITY  OR  TRAUMATIC BRAIN INJURY 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]  WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN
 INJURY; 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
 OR  TRAUMATIC  BRAIN  INJURY,  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] THEIR 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] medical
 chart OF THE PERSON WITH A DEVELOPMENTAL DISABILITY OR  TRAUMATIC  BRAIN
 INJURY.
   (d)  Dispute  mediation. In the event of an objection pursuant to this
 subdivision, at the request of the objecting party or person  or  entity
 A. 8301                             8

 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 an ethics review
 committee,  established  pursuant  to  section two thousand nine hundred
 ninety-four-m 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 for people with developmental disabilities) or
 the commissioner of the office for people with  developmental  disabili-
 ties or [his or her] THEIR 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 with-
 drawal or withholding of life-sustaining treatment  because  such  with-
 drawal  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 OR TRAUMATIC BRAIN INJURY, 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  OR  TRAUMATIC  BRAIN INJURY, 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 OR TRAUMATIC BRAIN INJURY 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 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
 A. 8301                             9
 
 honor if the decision had been made by the person [who is intellectually
 disabled]  WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY, if
 such person had capacity, because the decision is contrary to the  indi-
 vidual'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] THEIR refusal to honor the guardi-
 an's decision. In such  event,  the  facility  shall  promptly  transfer
 responsibility  for  the  person [who is intellectually disabled] WITH A
 DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY to another individual
 health care provider willing to honor the guardian's decision. The indi-
 vidual health care provider shall cooperate in facilitating such  trans-
 fer 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  OR  TRAUMATIC  BRAIN  INJURY,  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 person [who is intellectually
 disabled] WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN INJURY 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 AND WHERE
   1. A petition for the appointment of a guardian of the person or prop-
 erty, or both, [of a person who is intellectually disabled or  a  person
 who  is  developmentally  disabled]  may be made by a parent OF A PERSON
 ASSERTED TO HAVE A DEVELOPMENTAL DISABILITY OR TRAUMATIC  BRAIN  INJURY,
 any  [interested] person eighteen years of age or older on behalf of the
 [person who is intellectually disabled  or  a  person  who  is  develop-
 mentally  disabled]  RESPONDENT,  including  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 disa-
 bled]  ASSERTED  TO  HAVE  A DEVELOPMENTAL DISABILITY OR TRAUMATIC BRAIN
 INJURY when such person is eighteen years of age or older.
   2. A PROCEEDING UNDER THIS ARTICLE SHALL BE BROUGHT IN THE SURROGATE'S
 COURT WITHIN THE COUNTY IN WHICH THE RESPONDENT RESIDES. IF THE RESPOND-
 ENT IS A RESIDENT IN  A  RESIDENTIAL  FACILITY,  THE  RESIDENCE  OF  THE
 RESPONDENT  SHALL  BE  DEEMED TO BE IN THE COUNTY WHERE THAT FACILITY IS
 LOCATED.
   § 5. Section 1752 of the surrogate's court procedure act,  as  amended
 by chapter 198 of the laws of 2016 and subdivision 3 as amended by chap-
 ter 420 of the laws of 2019, is amended to read as follows:
 A. 8301                            10
 
 § 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 intellectu-
 ally disabled or a person who is  developmentally  disabled]  RESPONDENT
 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]
 RESPONDENT;
   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] RESPONDENT;
   3.  the  names  of  the parents, 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 intellectually disabled or  a  person  who  is
 developmentally disabled], IF ANY, OF THE RESPONDENT, and whether or not
 they  are  living,  and  if  living,  their  addresses and the names and
 addresses of the nearest [distributees] FAMILY MEMBERS of full  age  who
 are domiciliaries, if both parents are [dead] DECEASED;
   4.  the  name  and  address of the person with whom the [person who is
 intellectually disabled or a person  who  is  developmentally  disabled]
 RESPONDENT  resides if other than the parents or spouse. IF THE RESPOND-
 ENT RESIDES IN A FACILITY, THE NAME AND ADDRESS OF THE FACILITY;
   5. the name, age, address, education  and  other  qualifications,  and
 consent  of the proposed guardian, standby and alternate guardian[, if].
 IF PETITIONER IS SOMEONE 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  OR  ADULT
 SIBLING 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 [person who is intellectually disabled or person who
 is developmentally disabled] RESPONDENT is entitled; [and]
   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] THE RESPONDENT
 SHOULD not be present at the hearing [if conducted];
   8. A STATEMENT THAT THE RESPONDENT HAS A DEVELOPMENTAL  DISABILITY  OR
 TRAUMATIC BRAIN INJURY, INCLUDING THE BASIS FOR SAME, AND THE NATURE AND
 EXTENT OF THE RESPONDENT'S FUNCTIONAL ABILITIES; AND
   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, CARE COORDINATION  AND/OR  OTHER  SOCIAL
 SUPPORT  SERVICES,  OR  OTHER  SUPPORTED  OR SHARED DECISION-MAKING, AND
 REASONS FOR THE DECLINATION OF SUCH ALTERNATIVES.
   § 6. 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
   1. Upon presentation of the petition, process shall issue to:
   (a)  THE  SPOUSE,  the parent or parents, AND adult children AND ADULT
 SIBLINGS, if the petitioner is other than a parent[, adult siblings,  if
 the  petitioner  is other than a parent, and if the person who is intel-
 lectually disabled or person who is developmentally disabled is married,
 to the spouse, if their residences are known];
 A. 8301                            11
 
   (b) the person [having] PROVIDING care [and custody of] TO the [person
 who is intellectually disabled or person who  is  developmentally  disa-
 bled]  RESPONDENT,  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] RESPONDENT.
   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]
 RESPONDENT resides in such facility;
   [(d)  one  other person] (C) ANY OTHER PERSON OR PERSONS if designated
 in writing by the [person who is intellectually disabled or  person  who
 is developmentally disabled] RESPONDENT; and
   [(e)] (D) 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 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
 COURT  SHALL  UPON  THE  ISSUANCE  OF  A CITATION ASSIGN COUNSEL FOR THE
 RESPONDENT AND SHALL PROVIDE SAID COUNSEL WITH A COPY  OF  THE  PETITION
 AND  ANY  SUPPORTING  PAPERS  FILED  THEREIN.  PROCESS  OR NOTICE MAY BE
 DISPENSED WITHIN THE COURT'S DISCRETION.
   § 7. Section 1754 of the surrogate's court procedure act,  as  amended
 by chapter 198 of the laws of 2016, is amended to read as follows:
 § 1754. Hearing and trial
   1.  Upon a petition for the appointment of a guardian of a [person who
 is intellectually disabled or person  who  is  developmentally  disabled
 eighteen  years  of  age or older] RESPONDENT, the court shall conduct a
 hearing at which [such person] THE RESPONDENT 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 person who is  intellectually
 disabled  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
 A. 8301                            12

   (c) any interested party and the consent of each parent.
   2. When it shall appear to the satisfaction of the court that a parent
 or  parents  not  joining in or consenting to the application have aban-
 doned the person who is intellectually disabled or person who is  devel-
 opmentally 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 hearing shall be held on the application.
   3. If a hearing is conducted, the person who is  intellectually  disa-
 bled or person who is developmentally disabled]
   2.  (A) THE COURT SHALL APPOINT MENTAL HYGIENE LEGAL SERVICES AS COUN-
 SEL FOR THE RESPONDENT UNLESS IT APPOINTS OTHER COUNSEL. THE  COURT  MAY
 ALSO APPOINT A GUARDIAN AD LITEM FOR THE RESPONDENT. SUCH ASSIGNMENTS OF
 COUNSEL OR GUARDIAN AD LITEM SHALL BE IMPLEMENTED AS PROVIDED IN SECTION
 FOUR HUNDRED SEVEN OF THIS ACT.
   (B)  IF  THE  RESPONDENT  OBJECTS  TO  HAVING  COUNSEL, THE COURT MAY,
 DESPITE SUCH OBJECTION, EXERCISE ITS DISCRETION TO APPOINT COUNSEL OR  A
 GUARDIAN AD LITEM. THE RESPONDENT MAY PROCEED SELF-REPRESENTED ONLY WITH
 LEAVE OF THE COURT.
   3. THE RESPONDENT'S COUNSEL OR THE GUARDIAN AD LITEM MAY:
   (A)  APPLY  TO  THE  COURT  FOR  AN  ORDER PERMITTING THE APPLICANT TO
 INSPECT THE CLINICAL RECORDS PERTAINING TO THE RESPONDENT IN  ACCORDANCE
 WITH STATE AND FEDERAL LAWS; AND
   (B)  BE  ALLOWED ACCESS TO THE RESPONDENT'S CLINICAL RECORDS WITHOUT A
 COURT ORDER AS OTHERWISE PERMITTED BY LAW.
   4. AT THE SCHEDULED HEARING, THE RESPONDENT shall be present unless it
 shall appear to the satisfaction of the court [on the  certification  of
 the  certifying physician that the 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 phys-
 ical harm to such person who is intellectually disabled or person who is
 developmentally  disabled,  or  under such other circumstances which the
 court finds would not be in the best  interest  of  the  person  who  is
 intellectually 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 person who is intellectually disabled  or
 person  who  is  developmentally  disabled is not present at the hearing
 pursuant to subdivision three of this section, the court may  appoint  a
 guardian ad litem if no mental hygiene legal service attorney is author-
 ized  to  act  on behalf of the 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  person  who  is  intellectually  disabled or person who is develop-
 mentally disabled and shall submit a written report to the  court]  THAT
 THE RESPONDENT'S PRESENCE WOULD RESULT IN HARM TO SUCH PERSON.
   5.  If,  upon  conclusion of [such hearing or jury trial or if none be
 held upon the application] THE PROCEEDING, the court is satisfied  [that
 the  best  interests  of  the  person  who is intellectually disabled or
 person who is developmentally disabled will be promoted by the  appoint-
 ment  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]  BASED
 ON  CLEAR  AND  CONVINCING  EVIDENCE THAT THE RESPONDENT IS INCAPABLE OF
 MANAGING THEIR AFFAIRS, IT SHALL MAKE A  DECREE  APPOINTING  A  GUARDIAN
 PROVIDED THAT GUARDIANSHIP SHALL BE IMPOSED ONLY IF NECESSARY AND IN THE
 A. 8301                            13
 
 LEAST RESTRICTIVE MANNER SPECIFICALLY CONSIDERING THE RESPONDENT'S FUNC-
 TIONAL ABILITIES.
   6.  WHERE  THE  COURT  HAS  DETERMINED THAT THE RESPONDENT HAS CERTAIN
 DECISION-MAKING CAPACITY, THE COURT SHALL APPROPRIATELY LIMIT THE  SCOPE
 OR DURATION OF THE GUARDIANSHIP IT DECREES.
   §  8.  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  HEREUNDER  SHALL  BE  MADE  IN
 ACCORDANCE WITH THE FOLLOWING STANDARDS:
   1.  A  GUARDIAN  SHALL  EXERCISE AUTHORITY ONLY AS NECESSARY AND SHALL
 ENCOURAGE THE PERSON WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC  BRAIN
 INJURY  TO  PARTICIPATE  IN  MAKING  DECISIONS  AND  TO ACT ON THEIR OWN
 BEHALF.
   2. WHEN MAKING DECISIONS, A  GUARDIAN  SHALL  CONSIDER  THE  EXPRESSED
 DESIRES AND PERSONAL VALUES OF THE PERSON WITH A DEVELOPMENTAL DISABILI-
 TY OR TRAUMATIC BRAIN INJURY TO THE EXTENT KNOWN, AND SHALL CONSULT SUCH
 PERSON.
   3. IF THE PERSON'S WISHES ARE UNKNOWN AND REMAIN UNKNOWN AFTER REASON-
 ABLE EFFORTS ARE MADE TO DISCERN THEM, THE DECISION SHALL BE MADE ON THE
 BASIS  OF THE BEST INTERESTS OF SUCH PERSON AS DETERMINED BY THE GUARDI-
 AN. IN DETERMINING THE BEST INTERESTS OF SUCH PERSON, 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  SAID PERSON WOULD HAVE CONSIDERED IF ABLE TO ACT FOR
 THEMSELF.
   § 9. Section 1755 of the surrogate's court procedure act  is  REPEALED
 and a new section 1755 is added to read as follows:
 § 1755. DURATION, MODIFICATION AND REVOCATION
   1.  A  GUARDIANSHIP  ESTABLISHED  UNDER  THIS  ARTICLE SHALL REMAIN IN
 EFFECT UNTIL MODIFIED OR REVOKED BY THE COURT.
   2. ANY PERSON FOR WHOM A GUARDIAN HAS BEEN APPOINTED PURSUANT TO  THIS
 ARTICLE, OR ANYONE, INCLUDING THE GUARDIAN, ON BEHALF OF SUCH PERSON MAY
 PETITION TO THE COURT TO DISCHARGE THE GUARDIAN AND APPOINT A SUCCESSOR,
 TO  DESIGNATE  THE GUARDIAN OF THE PROPERTY AS A LIMITED GUARDIAN OF THE
 PROPERTY, TO APPOINT A SPOUSE AS  STAND-BY  GUARDIAN,  OR  TO  OTHERWISE
 MODIFY OR REVOKE THE GUARDIANSHIP ORDER. UPON THE FILING OF SUCH A PETI-
 TION,  THE  COURT  SHALL  CONDUCT  A HEARING AND SUCH REVIEW PURSUANT TO
 SECTION SEVENTEEN HUNDRED FIFTY-FOUR OF  THIS  ARTICLE.  THE  COURT  MAY
 MODIFY  OR  REVOKE  A  DECREE IF IT DETERMINES THAT THE CIRCUMSTANCES OR
 NEEDS OF THE PERSON WITH A DEVELOPMENTAL DISABILITY OR  TRAUMATIC  BRAIN
 INJURY  HAVE  CHANGED  AND  THE  PROVISIONS  OF THE DECREE ARE NO LONGER
 APPROPRIATE OR NECESSARY.
   3. ANY PROCEEDING TO MODIFY OR REVOKE A  GUARDIANSHIP  DECREE  MAY  BE
 COMMENCED  IN  THE  SURROGATE'S COURT WHICH ISSUED THE DECREE, UNLESS AT
 THE TIME OF THE PETITION TO MODIFY OR REVOKE THE DECREE THE PERSON  WITH
 A  DEVELOPMENTAL  DISABILITY  OR  TRAUMATIC  BRAIN  INJURY  RESIDES IN A
 DIFFERENT COUNTY, IN WHICH CASE THE PROCEEDING MAY BE COMMENCED  IN  THE
 COUNTY  WHERE  THE  PERSON  WITH A DEVELOPMENTAL DISABILITY OR TRAUMATIC
 BRAIN INJURY RESIDES.
   § 10. 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
 A. 8301                            14
 
   When  it  shall  appear  to  the  satisfaction of the court that [such
 person who is intellectually disabled or person who  is  developmentally
 disabled  for  whom  an application for guardianship is made is eighteen
 years of age or older and] THE RESPONDENT  is  wholly  or  substantially
 self-supporting  by means of [his or her] wages or earnings from employ-
 ment, the court is authorized and empowered to appoint a limited guardi-
 an of the property of [such person who  is  intellectually  disabled  or
 person  who  is  developmentally  disabled]  THE  RESPONDENT  who  shall
 receive, manage, disburse and account for only  such  property  of  said
 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]  SAID  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] THEMSELF 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 other-
 wise authorized by the court.
   § 11. 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 OR TRAUMATIC BRAIN INJURY
   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 OR TRAUMATIC  BRAIN
 INJURY  may be appointed by the court. The court may also, upon applica-
 tion, appoint an alternate and/or successive alternates to such  standby
 guardian, to act if such standby guardian shall die, or become incapaci-
 tated,  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
 immediately  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] THE appointment by the
 court within one hundred eighty days following  assumption  of  [his  or
 her]  THE  STANDBY OR ALTERNATE GUARDIAN'S duties of such office. Before
 confirming the appointment of the standby guardian or alternate  guardi-
 an,  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 develop-
 mentally disabled] WITH A DEVELOPMENTAL DISABILITY  OR  TRAUMATIC  BRAIN
 INJURY  or  the  person [who is intellectually disabled or person who is
 developmentally disabled if such person is  eighteen  years  of  age  or
 older]  WITH  A  DEVELOPMENTAL  DISABILITY OR TRAUMATIC BRAIN INJURY, 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  person  [who  is  intellectually
 disabled or person who is developmentally disabled] WITH A DEVELOPMENTAL
 DISABILITY  OR TRAUMATIC BRAIN INJURY of a prior guardian's inability to
 A. 8301                            15

 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.
   § 12. Subdivision 2 of 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:
   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 OR TRAUMATIC BRAIN INJURY 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 person [who is intellectual-
 ly disabled or person who is developmentally disabled].
   § 13. Section 1759 of the surrogate's court procedure act is REPEALED.
   §  14. 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 SO act [as guardian of a person who is intellectually
 disabled or person who is developmentally disabled may be  appointed  as
 the  guardian  of  the  person only of such person who is intellectually
 disabled or person who is developmentally disabled] MAY BE APPOINTED.
   § 15. 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
 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" 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" as
 herein provided for].
   § 16. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.