Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Legislative findings and purpose
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 81.01 Legislative findings and purpose.

The legislature hereby finds that the needs of persons with
incapacities are as diverse and complex as they are unique to the
individual. The current system of conservatorship and committee does not
provide the necessary flexibility to meet these needs. Conservatorship
which traditionally compromises a person's rights only with respect to
property frequently is insufficient to provide necessary relief. On the
other hand, a committee, with its judicial finding of incompetence and
the accompanying stigma and loss of civil rights, traditionally involves
a deprivation that is often excessive and unnecessary. Moreover, certain
persons require some form of assistance in meeting their personal and
property management needs but do not require either of these drastic
remedies. The legislature finds that it is desirable for and beneficial
to persons with incapacities to make available to them the least
restrictive form of intervention which assists them in meeting their
needs but, at the same time, permits them to exercise the independence
and self-determination of which they are capable. The legislature
declares that it is the purpose of this act to promote the public
welfare by establishing a guardianship system which is appropriate to
satisfy either personal or property management needs of an incapacitated
person in a manner tailored to the individual needs of that person,
which takes in account the personal wishes, preferences and desires of
the person, and which affords the person the greatest amount of
independence and self-determination and participation in all the
decisions affecting such person's life.