1. The Laws of New York
  2. Consolidated Laws
  3. Mental Hygiene
  4. Title E: General Provisions
  5. Article 81: Proceedings for Appointment of a Guardian for Personal Needs or Property Management


Section 81.39 Guardian education requirements

Mental Hygiene (MHY)

  (a) Each incapacitated person is entitled to a guardian whom the court finds to be sufficiently capable of performing the duties and exercising the powers of a guardian necessary to protect the incapacitated person.

  (b) Each person appointed by the court to be a guardian must complete a training program approved by the chief administrator which covers:

  1. the legal duties and responsibilities of the guardian;

  2. the rights of the incapacitated person;

  3. the available resources to aid the incapacitated person;

  4. an orientation to medical terminology, particularly that related to the diagnostic and assessment procedures used to characterize the extent and reversibility of any impairment;

  5. the preparation of annual reports, including financial accounting for the property and financial resources of the incapacitated person.

  (c) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. In doing so, the court shall consider the experience and education of the guardian with respect to the training requirements of this section, the duties and powers assigned to the guardian, and the needs of the incapacitated person.