N.Y. MHY Law § 81.22

§ 81.22 Powers of guardian; personal needs.\n (a) Consistent with the functional limitations of the incapacitated\nperson, that person's understanding and appreciation of the harm that he\nor she is likely to suffer as the result of the inability to provide for\npersonal needs, and that person's personal wishes, preferences, and\ndesires with regard to managing the activities of daily living, and the\nleast restrictive form of intervention, the court may grant to the\nguardian powers necessary and sufficient to provide for the personal\nneeds of the incapacitated person. Those powers which may be granted\ninclude, but are not limited to, the power to:\n 1. determine who shall provide personal care or assistance;\n 2. make decisions regarding social environment and other social\naspects of the life of the incapacitated person;\n 3. determine whether the incapacitated person should travel;\n 4. determine whether the incapacitated person should possess a license\nto drive;\n 5. authorize access to or release of confidential records;\n 6. make decisions regarding education;\n 7. apply for government and private benefits;\n 8. (i) for decisions in hospitals as defined by subdivision eighteen\nof section twenty-nine hundred ninety-four-a of the public health law,\nact as the patient's surrogate pursuant to and subject to article\ntwenty-nine-CC of the public health law, and (ii) in all other\ncircumstances, to consent to or refuse generally accepted routine or\nmajor medical or dental treatment, subject to the decision-making\nstandard in subdivision four of section twenty-nine hundred\nninety-four-d of the public health law;\n 9. choose the place of abode; the choice of abode must be consistent\nwith the findings under section 81.15 of this article, the existence of\nand availability of family, friends and social services in the\ncommunity, the care, comfort and maintenance, and where appropriate,\nrehabilitation of the incapacitated person, the needs of those with whom\nthe incapacitated person resides; placement of the incapacitated person\nin a nursing home or residential care facility as those terms are\ndefined in section two thousand eight hundred one of the public health\nlaw, or other similar facility shall not be authorized without the\nconsent of the incapacitated person so long as it is reasonable under\nthe circumstances to maintain the incapacitated person in the community,\npreferably in the home of the incapacitated person.\n (b) No guardian may:\n 1. consent to the voluntary formal or informal admission of the\nincapacitated person to a mental hygiene facility under article nine or\nfifteen of this chapter or to a chemical dependence facility under\narticle twenty-two of this chapter;\n 2. revoke any appointment or delegation made by the incapacitated\nperson pursuant to sections 5-1501, 5-1601 and 5-1602 of the general\nobligations law, sections two thousand nine hundred sixty-five and two\nthousand nine hundred eighty-one of the public health law, or any living\nwill.\n