NY A08301

Replaces outdated terminology throughout the Surrogate's Court Procedure Act, changing "person who is intellectually disabled" and "person who is developmentally disabled" to "person with a developmental disability or traumatic brain injury"

Requires courts to appoint guardians only when necessary and in the least restrictive manner, based on clear and convincing evidence that the respondent cannot manage their affairs, with specific consideration of functional abilities

Mandates appointment of counsel (mental hygiene legal services or other counsel) for respondents in guardianship proceedings, and requires the respondent's presence at hearings unless it would cause harm

Requires petitions to include a statement of alternatives to guardianship that were considered (health care proxy, power of attorney, representative payee, supported decision-making) and reasons why they were declined

Establishes new decision-making standards requiring guardians to encourage participation by the person with a disability, consider their expressed desires and personal values, and make decisions in the person's best interests when wishes are unknown