N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Proceedings For Appointment of a Guardian For Personal Needs or Property Management
New York Consolidated Laws

N.Y. Mental Hygiene Law § 81.03 (2026)

Definitions

✓ current as of May 2026
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§ 81.03 Definitions.
  When used in this article,
  (a) "guardian" means a person who is eighteen years of age or older, a
corporation, or a public agency, including a local department of social
services, appointed in accordance with terms of this article by the
supreme court, the surrogate's court, or the county court to act on
behalf of an incapacitated person in providing for personal needs and/or
for property management.
  (b) "functional level" means the ability to provide for personal needs
and/or the ability with respect to property management.
  (c) "functional limitations" means behavior or conditions of a person
which impair the ability to provide for personal needs and/or property
management.
  (d) "least restrictive form of intervention" means that the powers
granted by the court to the guardian with respect to the incapacitated
person represent only those powers which are necessary to provide for
that person's personal needs and/or property management and which are
consistent with affording that person the greatest amount of
independence and self-determination in light of that person's
understanding and appreciation of the nature and consequences of his or
her functional limitations.
  (e) "available resources" means resources such as, but not limited to,
visiting nurses, homemakers, home health aides, adult day care and
multipurpose senior citizen centers, powers of attorney, health care
proxies, trusts, representative and protective payees, and residential
care facilities.
  (f) "personal needs" means needs such as, but not limited to, food,
clothing, shelter, health care, and safety.
  (g) "property management" means taking actions to obtain, administer,
protect, and dispose of real and personal property, intangible property,
business property, benefits, and income and to deal with financial
affairs.
  (h) "activities of daily living" means activities such as, but not
limited to, mobility, eating, toileting, dressing, grooming,
housekeeping, cooking, shopping, money management, banking, driving or
using public transportation, and other activities related to personal
needs and to property management.
  (i) "major medical or dental treatment" means a medical, surgical or
diagnostic intervention or procedure where a general anesthetic is used
or which involves any significant risk or any significant invasion of
bodily integrity requiring an incision or producing substantial pain,
discomfort, debilitation, or having a significant recovery period, or
which involves the administration of psychotropic medication or
electroconvulsive therapy; it does not include any routine diagnosis or
treatment such as the administration of medications other than
chemotherapy for non-psychiatric conditions or nutrition or the
extraction of bodily fluids for analysis; dental care performed with a
local anesthetic; and any procedures which are provided under emergency
circumstances, pursuant to section two thousand five hundred four of the
public health law.
  (j) "life sustaining treatment" means medical treatment which is
sustaining life functions and without which, according to reasonable
medical judgment, the patient will die within a relatively short time
period.
  (k) "facility" means a facility, hospital, or school, or an alcoholism
facility in this state as such terms are defined in section 1.03 of this
chapter, a substance abuse program as such term is defined in article
nineteen of this chapter, an adult care facility as such term is defined
in section two of the social services law, or a residential health care
facility or a general hospital as such terms are defined in section two
thousand eight hundred one of the public health law.
  (l) "mental hygiene facility" means a facility, hospital, or school,
or an alcoholism facility in this state as such terms are defined in
section 1.03 of this chapter.
Notes of Decisions
Cited in 31 cases (3 in the last 5 years), 1994–2024 · leading case: Francine M. Neilson v. Colgate-Palmolive Co. & Colgate Palmolive S.A. De C.V., 199 F.3d 642 (2d Cir. 1999).
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Francine M. Neilson v. Colgate-Palmolive Co. & Colgate Palmolive S.A. De C.V., 199 F.3d 642 (2d Cir. 1999). “” N.Y. Mental Hyg. Law § 81.03 (McKinney 1996).”
In re Rhodanna C.B., 36 A.D.3d 106 (N.Y. App. Div. 2d Dep't 2006). · cites it 2× “treatment” (Mental Hygiene Law § 81.22 [a] [8]), which by definition includes “the administration of psychotropic medication or electroconvulsive therapy” (Mental Hygiene Law § 81.”
In re Daniel TT., 39 A.D.3d 94 (N.Y. App. Div. 3d Dep't 2007). “to provide for personal needs or property management without the appointment of a guardian” (Mental Hygiene Law § 81.02 [a] [2]). “Available resources” include care providers as well as “powers of attorney, health care proxies, [and] trusts” (Mental Hygiene Law § 81.”
In re the Guardianship of Dameris L., 38 Misc. 3d 570 (N.Y. Sur. Ct. 2012). · cites it 2× “The list is not meant to be restrictive but rather set the wheels of investigation in motion for considering what possibly could be done to assist this person without appointing a guardian” (reprinted in McKinney’s Cons Laws of NY, Book 34A, Mental Hygiene Law § 81.”
In re Diurno, 182 Misc. 2d 205 (N.Y. Sup. Ct. 1999). · cites it 4× “We made a point in our bench decision of referring to the definition of such treatment and the inclusion therein of antipsychotic medication, the type of medication the incapacitated person has been receiving (see, Mental Hygiene Law § 81.03 [i]), because of a recent decision…”
In re Johnson, 172 Misc. 2d 684 (N.Y. Sup. Ct. 1997). “Determinative of that which constitutes the least restrictive form of intervention is the functional level of the individual *690 which is defined as the ability of the individual to provide for personal needs and/or ability with respect to property management (Mental Hygiene…”
In re Janczak, 167 Misc. 2d 766 (N.Y. Sup. Ct. 1995). · cites it 2× “Mental Hygiene Law § 81.02 (a) (2) directs that one factor, to be taken into consideration, is the sufficiency and reliability of available resources to provide for personal needs or property management without the appointment of a guardian.”
In re the Guardianship of the Person & Prop. of Kustka, 163 Misc. 2d 694 (N.Y. Sup. Ct. 1994). “Article 81 further requires the court to give "primary consideration” to one’s functional level and functional limitations in making a determination of incapacity (Mental Hygiene Law § 81.02 [c]). This functional evaluation considers how an individual manages his activities of…”
In re the Appointment of a Guardian of the Person &/or Prop. of Gordon, 162 Misc. 2d 697 (N.Y. Sup. Ct. 1994). “Mental Hygiene Law § 81.03 (i) defines "medical treatment” in part, as "a medical * * * or diagnostic intervention or procedure * * * or which involves the administration of psychotropic medication or electroconvulsive therapy”.”
In re Gertrude K., 177 Misc. 2d 25 (N.Y. Sup. Ct. 1998). “Mental Hygiene Law § 81.03 (i) defines major medical treatment to include ECT.”
In re Nhan Thi Thanh Le, 168 Misc. 2d 384 (N.Y. Sur. Ct. 1995). “This functional evaluation considers how an individual manages his activities of daily living, such as eating, shopping, dressing, housekeeping, and money management (Mental Hygiene Law § 81.03 [h]). The court first finds that it has jurisdiction over the proceedings in the…”
In re New York Presbyterian Hosp., 181 Misc. 2d 142 (N.Y. Sup. Ct. 1999). “Mental Hygiene Law § 81.03 (i) defines “major medical or dental treatment” to include “a medical * * * or diagnostic intervention or procedure * * * which involves the administration of psychotropic medication or electroconvulsive therapy”.”
Show all 31 citing cases →
N.Y. Mental Hygiene Law § 81.03(e): 1 case
Matter of David E., 2024 NY Slip Op 04438 (N.Y. App. Div. 1st Dep't 2024).
N.Y. Mental Hygiene Law § 81.03(j): 2 cases
Matter of Sloane v. M.G., 2018 NY Slip Op 5800 (N.Y. App. Div. 1st Dep't 2018).
Matter of Sloane v. M.G., 2018 NY Slip Op 5800 (N.Y. App. Div. 1st Dep't 2018).
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