Each New York incapacitated person (IP) is entitled to an Article 81 guardian whom the court finds to be sufficiently capable of performing the duties and exercisingthe powers of a guardian necessary to protect the IP.
Each person appointed by the New York court to be a Mental Hygiene Law Article 81 guardian must complete a training program which covers:
- the legal duties and responsibilities of the guardian;
- the rights of the IP;
- the available resources to aid the IP;
- an orientation to medical terminology, particularly that related tothe diagnostic and assessment procedures used to characterize the extentand reversibility of any impairment;
- the preparation of annual reports, including financial accounting for the property and financial resources of the incapacitated person.
The New York court may, in its discretion, waive some or all of these education requirements or impose additional requirements.
In doing so, the courtshallconsidertheexperienceandeducationoftheNew York guardianwith respect to the training requirements , theduties and powers assignedtotheguardian,andtheneedsoftheIP.