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 § 81.22 (2026)

Powers of guardian; personal needs

✓ current as of May 2026
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§ 81.22 Powers of guardian; personal needs.
  (a) Consistent with the functional limitations of the incapacitated
person, that person's understanding and appreciation of the harm that he
or she is likely to suffer as the result of the inability to provide for
personal needs, and that person's personal wishes, preferences, and
desires with regard to managing the activities of daily living, and the
least restrictive form of intervention, the court may grant to the
guardian powers necessary and sufficient to provide for the personal
needs of the incapacitated person. Those powers which may be granted
include, but are not limited to, the power to:
  1. determine who shall provide personal care or assistance;
  2. make decisions regarding social environment and other social
aspects of the life of the incapacitated person;
  3. determine whether the incapacitated person should travel;
  4. determine whether the incapacitated person should possess a license
to drive;
  5. authorize access to or release of confidential records;
  6. make decisions regarding education;
  7. apply for government and private benefits;
  8. (i) for decisions in hospitals as defined by subdivision eighteen
of section twenty-nine hundred ninety-four-a of the public health law,
act as the patient's surrogate pursuant to and subject to article
twenty-nine-CC of the public health law, and (ii) in all other
circumstances, to consent to or refuse generally accepted routine or
major medical or dental treatment, subject to the decision-making
standard in subdivision four of section twenty-nine hundred
ninety-four-d of the public health law;
  9. choose the place of abode; the choice of abode must be consistent
with the findings under section 81.15 of this article, the existence of
and availability of family, friends and social services in the
community, the care, comfort and maintenance, and where appropriate,
rehabilitation of the incapacitated person, the needs of those with whom
the incapacitated person resides; placement of the incapacitated person
in a nursing home or residential care facility as those terms are
defined in section two thousand eight hundred one of the public health
law, or other similar facility shall not be authorized without the
consent of the incapacitated person so long as it is reasonable under
the circumstances to maintain the incapacitated person in the community,
preferably in the home of the incapacitated person.
  (b) No guardian may:
  1. consent to the voluntary formal or informal admission of the
incapacitated person to a mental hygiene facility under article nine or
fifteen of this chapter or to a chemical dependence facility under
article twenty-two of this chapter;
  2. revoke any appointment or delegation made by the incapacitated
person pursuant to sections 5-1501, 5-1601 and 5-1602 of the general
obligations law, sections two thousand nine hundred sixty-five and two
thousand nine hundred eighty-one of the public health law, or any living
will.
Notes of Decisions
Cited in 38 cases (3 in the last 5 years), 1993–2023 · leading case: In re Rhodanna C.B., 36 A.D.3d 106 (N.Y. App. Div. 2006).
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In re Rhodanna C.B., 36 A.D.3d 106 (N.Y. App. Div. 2006). · cites it 10× “Nevertheless, pursuant to Mental Hygiene Law § 81.22 (a) (8), the Supreme Court has authorized the guardians to consent to such *109 a course of treatment over Rhodanna’s objection and without further court approval, if they, in their sole discretion, deem it to be appropriate…”
In re Rochester Gen. Hosp., 158 Misc. 2d 522 (N.Y. Sup. Ct. 1993). · cites it 6× “(Mental Hygiene Law § 81.22 [b] [2].) As indicated by the Law Revision Commission Comments, made in conjunction with this section of article 81, the prohibition against a guardian revoking a power of attorney or health care proxy was "[cjonsistent with New York State’s policy of…”
In re United Health Servs. Hospitals, Inc., 6 Misc. 3d 447 (N.Y. Sup. Ct. 2004). · cites it 2× “(Mental Hygiene Law § 81.21.) In addition, a guardian of the person can be given power to decide whether the AIP can have a driver’s license, to make medical decisions for the AIP and to choose the place of abode of the AH’ including the power to place the AIP in a nursing home…”
In re the Trust Made by Mary XX., 33 A.D.3d 1066 (N.Y. App. Div. 2006). · cites it 2× “[Mary] to reside in accordance with [Mental Hygiene Law § 81.22 (a) (9)] and the best arrangements for her continued care and treatment, including who shall provide care and assistance .”
In re Diurno, 182 Misc. 2d 205 (N.Y. Sup. Ct. 1999). · cites it 7× “, 182 Misc 2d, at 209, n 1, infra), in our decision we granted the guardian appointed herein the power to consent to or refuse accepted routine or major medical treatment (see, Mental Hygiene Law § 81.22 [a] [8]). Said finding was grounded on the evidence presented, as well as…”
In re the Appointment of a Guardian of the Person &/or Prop. of Gordon, 162 Misc. 2d 697 (N.Y. Sup. Ct. 1994). · cites it 4× “The only powers requested, by petitioner in this proceeding are to compel the person to receive psychiatric treatment and the administration of antipsychotic drugs without the person’s consent, pursuant to Mental Hygiene Law § 81.22 (a) (8). The alleged incapacitated person had…”
In re Saphier, 167 Misc. 2d 130 (N.Y. Sup. Ct. 1995). · cites it 2× “ness of life-preserving efforts, complex issues involving respect for the "patient’s wishes, including the patient’s religious and moral beliefs, or if the patient’s wishes are not known and cannot be ascertained with reasonable diligence, in accordance with the person’s best…”
In re McNally, 194 Misc. 2d 793 (N.Y. Sup. Ct. 2003). · cites it 3× “” Particularly, with respect to the power, imparted to a guardian to choose the place of abode for an incapacitated person, Mental Hygiene Law § 81.22 (a) (9) directs: “the choice of abode must be consistent with the findings under section 81.”
In re Doe, 53 Misc. 3d 829 (N.Y. Sup. Ct. 2016). “Article 81 of the Mental Hygiene Law was also amended, in 2010, to direct that health care decisions by a personal needs guardian be made in accordance with the standards set forth in the FHCDA (Mental Hygiene Law § 81.22 [a] [8] [i], as amended by L 2010, ch 8, § 25 [eff June…”
In re Wingate, 165 Misc. 2d 108 (N.Y. Sup. Ct. 1995). · cites it 3× “” (Law Rev Commn Comments, McKinney’s Cons Laws of NY, Book 34A, Mental Hygiene Law § 81.22, at 343.) Section 81.”
In re New York Presbyterian Hosp., 181 Misc. 2d 142 (N.Y. Sup. Ct. 1999). · cites it 2× “) To effect this legislative intent, courts may grant various powers to a guardian which are “[c]onsistent with the functional limitations of the incapacitated person, that person’s understanding and appreciation of the harm that he or she is likely to suffer as the result of…”
In re Solomon T.R., 6 A.D.3d 449 (N.Y. App. Div. 2004). “The court granted the petitioners the power, inter alia, to “make decisions regarding [the] social environment and other social aspects of the life of the incapacitated person” (Mental Hygiene Law § 81.22 [a] [2]). However, Mental Hygiene Law § 81.”
Show all 38 citing cases →
N.Y. Mental Hygiene Law § 81.22(a)(2): 1 case
Matter of Kristine F., 2022 NY Slip Op 03723 (N.Y. App. Div. 2022).
N.Y. Mental Hygiene Law § 81.22(a)(9): 1 case
Matter of Heidi B. (Pasternak), 2018 NY Slip Op 6899 (N.Y. App. Div. 2018).
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