§ 473-d. Community guardianship. 1. Definitions. When used in this
section unless otherwise expressly stated or unless the context or
subject matter requires a different interpretation:

(a) "Community guardian program" means a not-for-profit corporation
incorporated under the laws of the state of New York or a local
governmental agency which has contracted with or has an agreement with a
local social services official to provide conservatorship or
committeeship services to eligible persons as provided in this title.

(b) "Hospital" means a hospital as defined in subdivision one of
section two thousand eight hundred one of the public health law, or a
hospital as defined in subdivision ten of section 1.03 of the mental
hygiene law.

(c) "Residential facility" means a facility licensed pursuant to
article twenty-eight of the public health law, article nineteen,
twenty-three, thirty-one or thirty-two of the mental hygiene law, or
article seven of this chapter.

2. A social services official may contract with a community guardian
program for the provision of conservatorship or committeeship services.
A social services official may bring a petition to appoint a community
guardian program as conservator or committee for a person only if the
person is:

(a) eligible for and in receipt of adult protective services, as
defined in section four hundred seventy-three of this chapter, at the
time of the petition; and

(b) without a capable friend or relative or responsible agency willing
and able to serve as conservator or committee; and

(c) living outside of a hospital or residential facility, or living in
a hospital or residential facility and appointment of the community
guardian program is part of a plan to return such person to the
community.

3. A contract or agreement between a local social services official
and a community guardian program shall require that:

(a) the community guardian program shall make its best efforts to
maintain each person for whom the community guardian program is
appointed as conservator or committee in a place other than a hospital
or residential facility;

(b) the community guardian program shall petition the court to
relinquish its duties as conservator or committee if a person for whom
the community guardian program is appointed as conservator or committee
regains capacity or competence, or a capable friend or relative becomes
available to serve as conservator or committee, or the person must enter
a hospital or residential facility on a long-term basis;

(c) the community guardian program shall act on behalf of each person
for whom the community guardian program is appointed as conservator or
committee to obtain such medical, social, mental health, legal and other
services as are available and to which the person is entitled and as are
required for the person's safety and well-being and shall advocate for
all entitlements, public benefits, and services for which the person
qualifies and which the person requires;

(d) all remuneration awarded to the community guardian program by the
court from the estate of a person for whom the community guardian
program is appointed as conservator or committee shall be based upon the
cost of the community guardian program incurred in serving such person
or the fee that would otherwise be awarded by the court, whichever is
the lesser, and paid over to the social services district;

(e) the files and records of the community guardian program shall be
open to inspection to the local social services officials and the
department;

(f) no director, officer or employee of the community guardian program
shall have a substantial interest in any corporation, organization or
entity that provides services to any person for whom the community
guardian program is conservator or committee;

(g) the community guardian program shall obtain annually a statement
prepared by a physician, psychologist, nurse clinician, or social
worker, or other person evaluating the condition and functional level of
a person for whom the community guardian program serves as guardian
pursuant to paragraph five of subdivision (b) of section 81.31 of the
mental hygiene law and the appointing court shall be informed of the
results of such evaluation or examination and may discharge or modify
the powers of the guardian pursuant to section 81.36 of the mental
hygiene law. The person conducting the evaluation pursuant to this
paragraph shall not be affiliated with a community guardian program and
shall be acting within their lawful scope of practice as established
under the education law;

(h) persons hired by the community guardian program to provide
services to a person for whom the community guardian program has been
named conservator or committee shall have expertise in one or more of
the areas of mental health services, protective services, social
services or home care services or appropriate experience.

4. A local social services official shall not be relieved of any duty
to provide services to a person by reason of the operation of a
community guardian program in the locality or by cessation of such
program in the locality.

5. The department may promulgate rules and regulations necessary to
implement this title.

6. Expenditures made by a social services district, directly or
through purchase of services, in petitioning for or acting as a
conservator or committee, or made pursuant to contract for community
guardianship services in accordance with the provisions of this title,
shall be subject to reimbursement by the state, in accordance with
regulations of the department, in the amount of fifty per centum of such
expenditures, after first deducting therefrom any federal funds properly
received or to be received on account thereof and any amounts received
pursuant to paragraph (d) of subdivision three of this section.

7. Nothing in this title shall lessen or eliminate the
responsibilities and powers required by law of any agency, department,
or any subdivision thereof.

8. On or before December thirty-first, nineteen hundred eighty-seven,
the commissioner shall submit an interim report to the governor, the
temporary president of the senate and the speaker of the assembly
detailing progress and evaluating results of this program. On or before
December thirty-first, nineteen hundred eighty-eight, the commissioner
shall submit a final report to the governor, the temporary president of
the senate and the speaker of the assembly on the effectiveness of this
act.