S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2125
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced by M. of A. ABINANTI, FAHY, GOTTFRIED, JAFFEE, MARKEY, MAYER,
         PAULIN,  SCHIMMINGER,  RA  -- Multi-Sponsored by -- M. of A. BUCHWALD,
         TITUS -- read once and referred to the Committee on Judiciary
       AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
         people with intellectual disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The article heading of  article  17-A  of  the  surrogate's
    2  court  procedure  act,  as  added by chapter 675 of the laws of 1989, is
    3  amended to read as follows:
    4                       GUARDIANS OF [MENTALLY RETARDED]
    5                         INTELLECTUALLY DISABLED AND
    6                      DEVELOPMENTALLY DISABLED PERSONS
    7    S 2. Section 1750 of the surrogate's court procedure act,  as  amended
    8  by chapter 500 of the laws of 2002, is amended to read as follows:
    9  S 1750. Guardianship  of  [mentally  retarded]  INTELLECTUALLY  DISABLED
   10             persons
   11    When it shall appear to the satisfaction of the court that a person is
   12  [a mentally retarded] AN INTELLECTUALLY DISABLED person,  the  court  is
   13  authorized  to appoint a guardian of the person or of the property or of
   14  both if such appointment of a guardian  or  guardians  is  in  the  best
   15  interest of the [mentally retarded] INTELLECTUALLY DISABLED person. Such
   16  appointment  shall  be  made pursuant to the provisions of this article,
   17  provided however  that  the  provisions  of  section  seventeen  hundred
   18  fifty-a of this article shall not apply to the appointment of a guardian
   19  or guardians of [a mentally retarded] AN INTELLECTUALLY DISABLED person.
   20    1.  For  the purposes of this article, [a mentally retarded] AN INTEL-
   21  LECTUALLY DISABLED person is a person who  has  been  certified  by  one
   22  licensed  physician  and  one  licensed psychologist, or by two licensed
   23  physicians at least one of whom is familiar  with  or  has  professional
   24  knowledge in the care and treatment of persons with [mental retardation]
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04196-01-5
       A. 2125                             2
    1  INTELLECTUAL  DISABILITIES,  having  qualifications to make such certif-
    2  ication, as being incapable to manage him or herself and/or his  or  her
    3  affairs by reason of [mental retardation] AN INTELLECTUAL DISABILITY and
    4  that such condition is permanent in nature or likely to continue indefi-
    5  nitely.
    6    2.  Every  such  certification  pursuant  to  subdivision  one of this
    7  section, made on or after the effective date of this subdivision,  shall
    8  include  a specific determination by such physician and psychologist, or
    9  by such physicians, as to whether the [mentally retarded] INTELLECTUALLY
   10  DISABLED person has the capacity  to  make  health  care  decisions,  as
   11  defined  by  subdivision  three of section twenty-nine hundred eighty of
   12  the public health law, for himself or herself. A determination that  the
   13  [mentally  retarded]  INTELLECTUALLY DISABLED person has the capacity to
   14  make health care decisions shall not preclude the appointment of a guar-
   15  dian pursuant to this section to make other decisions on behalf  of  the
   16  [mentally  retarded] INTELLECTUALLY DISABLED person. The absence of this
   17  determination in the case of guardians appointed prior to the  effective
   18  date  of  this subdivision shall not preclude such guardians from making
   19  health care decisions.
   20    S 3. Section 1750-a of the surrogate's court procedure act, as amended
   21  by chapter 744 of the laws of 2005, is amended to read as follows:
   22  S 1750-a. Guardianship of developmentally disabled persons
   23    1. When it shall appear to the satisfaction of the court that a person
   24  is a developmentally disabled person, the court is authorized to appoint
   25  a guardian of the person or of the property or of both if such  appoint-
   26  ment  of a guardian or guardians is in the best interest of the develop-
   27  mentally disabled person. Such appointments shall be  made  pursuant  to
   28  the  provisions of this article, provided however that the provisions of
   29  section seventeen hundred fifty of this article shall not apply  to  the
   30  appointment  of  a  guardian  or guardians of a developmentally disabled
   31  person. For the purposes of this  article,  a  developmentally  disabled
   32  person  is a person who has been certified by one licensed physician and
   33  one licensed psychologist, or by two licensed physicians at least one of
   34  whom is familiar with or has professional  knowledge  in  the  care  and
   35  treatment  of persons with developmental disabilities, having qualifica-
   36  tions to make such certification,  as  having  an  impaired  ability  to
   37  understand and appreciate the nature and consequences of decisions which
   38  result  in  such  person  being incapable of managing himself or herself
   39  and/or his or her affairs by reason of developmental disability and that
   40  such condition is permanent in nature or likely to continue  indefinite-
   41  ly, and whose disability:
   42    (a)  is attributable to cerebral palsy, epilepsy, neurological impair-
   43  ment, autism or traumatic head injury;
   44    (b) is attributable to any other condition of a  person  found  to  be
   45  closely  related  to  [mental  retardation]  AN  INTELLECTUAL DISABILITY
   46  because such condition results in similar impairment of  general  intel-
   47  lectual  functioning or adaptive behavior to that of [mentally retarded]
   48  INTELLECTUALLY DISABLED persons; or
   49    (c) is attributable to dyslexia resulting from a disability  described
   50  in  subdivision  one or two of this section or from [mental retardation]
   51  AN INTELLECTUAL DISABILITY; and
   52    (d) originates before such person attains  age  twenty-two,  provided,
   53  however, that no such age of origination shall apply for the purposes of
   54  this article to a person with traumatic head injury.
   55    2.  Notwithstanding  any  provision  of  law  to the contrary, for the
   56  purposes of subdivision two  of  section  seventeen  hundred  fifty  and
       A. 2125                             3
    1  section  seventeen  hundred  fifty-b  of  this  article,  "a person with
    2  [mental retardation] AN INTELLECTUAL DISABILITY and his or her guardian"
    3  shall also mean a person and his or her guardian appointed  pursuant  to
    4  this section; provided that such person has been certified by the physi-
    5  cians  and/or  psychologists,  specified  in  subdivision  one  of  this
    6  section, as (i) having [mental retardation] AN INTELLECTUAL  DISABILITY,
    7  or (ii) having a developmental disability, as defined in section 1.03 of
    8  the  mental  hygiene law, which (A) includes [mental retardation] INTEL-
    9  LECTUAL DISABILITIES, or (B) results in a similar impairment of  general
   10  intellectual  functioning  or  adaptive  behavior so that such person is
   11  incapable of managing himself or herself, and/or his or her  affairs  by
   12  reason of such developmental disability.
   13    S  4.  Section 1750-b of the surrogate's court procedure act, as added
   14  by chapter 500 of the laws of 2002, subdivision 1 as amended by  chapter
   15  105  of  the laws of 2007, the opening paragraph, paragraphs (a) and (b)
   16  of subdivision 1, and the opening paragraph of subdivision 4 as  amended
   17  by  chapter 8 of the laws of 2010, subparagraph (i) of paragraph (a) and
   18  clause A of subparagraph (i)  of  paragraph  (e)  of  subdivision  4  as
   19  amended  by  section 18 of part J of chapter 56 of the laws of 2012, and
   20  paragraph (d) of subdivision 5 as added by chapter 262 of  the  laws  of
   21  2008, is amended to read as follows:
   22  S 1750-b. Health  care  decisions  for  [mentally retarded] persons WITH
   23              INTELLECTUAL DISABILITIES
   24    1. Scope of authority. Unless specifically  prohibited  by  the  court
   25  after  consideration of the determination, if any, regarding [a mentally
   26  retarded] AN INTELLECTUALLY DISABLED person's capacity  to  make  health
   27  care  decisions, which is required by section seventeen hundred fifty of
   28  this article, the guardian of such person appointed pursuant to  section
   29  seventeen hundred fifty of this article shall have the authority to make
   30  any  and  all  health  care  decisions, as defined by subdivision six of
   31  section twenty-nine hundred eighty of the public health law,  on  behalf
   32  of  the  [mentally  retarded]  INTELLECTUALLY  DISABLED person that such
   33  person could make if  such  person  had  capacity.  Such  decisions  may
   34  include decisions to withhold or withdraw life-sustaining treatment. For
   35  purposes  of  this  section,  "life-sustaining  treatment" means medical
   36  treatment, including cardiopulmonary  resuscitation  and  nutrition  and
   37  hydration  provided  by  means of medical treatment, which is sustaining
   38  life functions and without which, according to reasonable medical  judg-
   39  ment,  the  patient  will  die  within  a  relatively short time period.
   40  Cardiopulmonary resuscitation is presumed to be  life-sustaining  treat-
   41  ment  without the necessity of a medical judgment by an attending physi-
   42  cian. The provisions of this article  are  not  intended  to  permit  or
   43  promote suicide, assisted suicide or euthanasia; accordingly, nothing in
   44  this  section  shall be construed to permit a guardian to consent to any
   45  act or omission to which the [mentally retarded] INTELLECTUALLY DISABLED
   46  person could not consent if such person had capacity.
   47    (a) For the purposes of making a  decision  to  withhold  or  withdraw
   48  life-sustaining  treatment  pursuant  to  this section, in the case of a
   49  person for whom no guardian  has  been  appointed  pursuant  to  section
   50  seventeen  hundred fifty or seventeen hundred fifty-a of this article, a
   51  "guardian" shall also mean a family member  of  a  person  who  (i)  has
   52  [mental  retardation] AN INTELLECTUAL DISABILITY, or (ii) has a develop-
   53  mental disability, as defined in section 1.03 of the mental hygiene law,
   54  which (A) includes [mental retardation] AN INTELLECTUAL  DISABILITY,  or
   55  (B)  results in a similar impairment of general intellectual functioning
   56  or adaptive behavior so  that  such  person  is  incapable  of  managing
       A. 2125                             4
    1  himself or herself, and/or his or her affairs by reason of such develop-
    2  mental  disability.  Qualified  family  members  shall  be included in a
    3  prioritized list of said family members pursuant to  regulations  estab-
    4  lished  by  the commissioner [of mental retardation and] FOR PEOPLE WITH
    5  developmental disabilities. Such family members must have a  significant
    6  and  ongoing  involvement  in  a  person's life so as to have sufficient
    7  knowledge of their needs and, when reasonably  known  or  ascertainable,
    8  the  person's wishes, including moral and religious beliefs. In the case
    9  of a person who was a resident of the former Willowbrook state school on
   10  March seventeenth, nineteen hundred seventy-two  and  those  individuals
   11  who were in community care status on that date and subsequently returned
   12  to  Willowbrook  or a related facility, who are fully represented by the
   13  consumer advisory board and who have no guardians appointed pursuant  to
   14  this  article  or  have no qualified family members to make such a deci-
   15  sion, then a "guardian" shall also mean the Willowbrook  consumer  advi-
   16  sory board. A decision of such family member or the Willowbrook consumer
   17  advisory  board  to withhold or withdraw life-sustaining treatment shall
   18  be subject to all of the protections, procedures  and  safeguards  which
   19  apply  to  the  decision of a guardian to withhold or withdraw life-sus-
   20  taining treatment pursuant to this section.
   21    In the case of a person for whom no guardian has been appointed pursu-
   22  ant to this article or for whom there is no qualified family  member  or
   23  the  Willowbrook  consumer advisory board available to make such a deci-
   24  sion, a "guardian" shall also mean, notwithstanding the  definitions  in
   25  section  80.03  of  the  mental hygiene law, a surrogate decision-making
   26  committee, as defined in article eighty of the mental hygiene  law.  All
   27  declarations  and  procedures, including expedited procedures, to comply
   28  with this section shall be established by regulations promulgated by the
   29  commission on quality of care and advocacy for  persons  with  disabili-
   30  ties.
   31    (b)  Regulations establishing the prioritized list of qualified family
   32  members required by paragraph (a) of this subdivision shall be developed
   33  by the commissioner [of mental retardation and] FOR PEOPLE WITH develop-
   34  mental disabilities in conjunction with parents,  advocates  and  family
   35  members  of persons who are [mentally retarded] INTELLECTUALLY DISABLED.
   36  Regulations to implement the authority of the Willowbrook consumer advi-
   37  sory board pursuant to paragraph (a) of this subdivision may be  promul-
   38  gated  by the commissioner [of the office of mental retardation and] FOR
   39  PEOPLE WITH developmental disabilities with advice from the  Willowbrook
   40  consumer advisory board.
   41    (c)  Notwithstanding  any provision of law to the contrary, the formal
   42  determinations required pursuant to section seventeen hundred  fifty  of
   43  this article shall only apply to guardians appointed pursuant to section
   44  seventeen hundred fifty or seventeen hundred fifty-a of this article.
   45    2.  Decision-making standard. (a) The guardian shall base all advocacy
   46  and health care decision-making  solely  and  exclusively  on  the  best
   47  interests of the [mentally retarded] INTELLECTUALLY DISABLED person and,
   48  when reasonably known or ascertainable with reasonable diligence, on the
   49  [mentally  retarded]  INTELLECTUALLY DISABLED person's wishes, including
   50  moral and religious beliefs.
   51    (b) An assessment of the [mentally retarded]  INTELLECTUALLY  DISABLED
   52  person's best interests shall include consideration of:
   53    (i) the dignity and uniqueness of every person;
   54    (ii)  the  preservation,  improvement  or restoration of the [mentally
   55  retarded] INTELLECTUALLY DISABLED person's health;
       A. 2125                             5
    1    (iii) the relief of the [mentally  retarded]  INTELLECTUALLY  DISABLED
    2  person's suffering by means of palliative care and pain management;
    3    (iv)   the   unique  nature  of  artificially  provided  nutrition  or
    4  hydration, and the effect it may have on the [mentally retarded]  INTEL-
    5  LECTUALLY DISABLED  person; and
    6    (v) the entire medical condition of the person.
    7    (c) No health care decision shall be influenced in any way by:
    8    (i)  a presumption that persons with [mental retardation] AN INTELLEC-
    9  TUAL DISABILITY are not entitled to the full  and  equal  rights,  equal
   10  protection,  respect, medical care and dignity afforded to persons with-
   11  out [mental  retardation]  INTELLECTUAL  DISABILITIES  or  developmental
   12  disabilities; or
   13    (ii)  financial considerations of the guardian, as such considerations
   14  affect the guardian, a health care provider or any other party.
   15    3. Right to receive information. Subject to the provisions of sections
   16  33.13 and 33.16 of the mental hygiene law, the guardian shall  have  the
   17  right  to  receive  all  medical  information  and  medical and clinical
   18  records necessary to make informed  decisions  regarding  the  [mentally
   19  retarded] INTELLECTUALLY DISABLED person's health care.
   20    4.  Life-sustaining treatment. The guardian shall have the affirmative
   21  obligation to advocate for the full and efficacious provision of  health
   22  care,  including life-sustaining treatment. In the event that a guardian
   23  makes a decision to withdraw or withhold life-sustaining treatment  from
   24  a [mentally retarded] INTELLECTUALLY DISABLED person:
   25    (a)  The attending physician, as defined in subdivision two of section
   26  twenty-nine hundred eighty of the public health law, must confirm  to  a
   27  reasonable  degree  of  medical  certainty  that the [mentally retarded]
   28  INTELLECTUALLY DISABLED person lacks capacity to make health care  deci-
   29  sions.  The  determination  thereof  shall  be included in the [mentally
   30  retarded] INTELLECTUALLY DISABLED person's  medical  record,  and  shall
   31  contain  such  attending  physician's  opinion  regarding  the cause and
   32  nature of the [mentally retarded] INTELLECTUALLY DISABLED person's inca-
   33  pacity as well as its extent and probable duration. The attending physi-
   34  cian who makes the confirmation shall consult with another physician, or
   35  a licensed psychologist, to  further  confirm  the  [mentally  retarded]
   36  INTELLECTUALLY  DISABLED person's lack of capacity. The attending physi-
   37  cian who makes the confirmation, or the physician or  licensed  psychol-
   38  ogist  with  whom the attending physician consults, must (i) be employed
   39  by a developmental disabilities services office named in  section  13.17
   40  of  the  mental  hygiene  law  or employed by the office for people with
   41  developmental disabilities to provide treatment and care to people  with
   42  developmental  disabilities, or (ii) have been employed for a minimum of
   43  two years to render care and service in a facility or program  operated,
   44  licensed  or  authorized  by  the office [of mental retardation and] FOR
   45  PEOPLE WITH developmental disabilities, or (iii) have been  approved  by
   46  the  commissioner  [of  mental retardation and] FOR PEOPLE WITH develop-
   47  mental disabilities in accordance with regulations promulgated  by  such
   48  commissioner.  Such  regulations  shall  require  that  a  physician  or
   49  licensed psychologist possess specialized training or three years  expe-
   50  rience  in  treating  [mental  retardation] INTELLECTUAL DISABILITIES. A
   51  record of such consultation shall be included in the [mentally retarded]
   52  INTELLECTUALLY DISABLED person's medical record.
   53    (b) The attending physician, as defined in subdivision two of  section
   54  twenty-nine  hundred  eighty  of the public health law, with the concur-
   55  rence of another physician with  whom  such  attending  physician  shall
   56  consult,  must determine to a reasonable degree of medical certainty and
       A. 2125                             6
    1  note on the [mentally retarded] INTELLECTUALLY DISABLED  person's  chart
    2  that:
    3    (i)  the  [mentally  retarded]  INTELLECTUALLY  DISABLED  person has a
    4  medical condition as follows:
    5    A. a terminal condition, as defined  in  subdivision  twenty-three  of
    6  section twenty-nine hundred sixty-one of the public health law; or
    7    B. permanent unconsciousness; or
    8    C.  a  medical condition other than such person's [mental retardation]
    9  INTELLECTUAL DISABILITY which  requires  life-sustaining  treatment,  is
   10  irreversible and which will continue indefinitely; and
   11    (ii)  the  life-sustaining  treatment  would  impose  an extraordinary
   12  burden on such person, in light of:
   13    A. such person's medical condition, other than such  person's  [mental
   14  retardation] INTELLECTUAL DISABILITY; and
   15    B.  the  expected  outcome  of the life-sustaining treatment, notwith-
   16  standing such person's [mental retardation] INTELLECTUAL DISABILITY; and
   17    (iii) in the case of a decision to withdraw or  withhold  artificially
   18  provided nutrition or hydration:
   19    A. there is no reasonable hope of maintaining life; or
   20    B.  the artificially provided nutrition or hydration poses an extraor-
   21  dinary burden.
   22    (c) The guardian shall express a  decision  to  withhold  or  withdraw
   23  life-sustaining treatment either:
   24    (i)  in writing, dated and signed in the presence of one witness eigh-
   25  teen years of age or older who shall sign the decision, and presented to
   26  the attending physician, as defined in subdivision two of section  twen-
   27  ty-nine hundred eighty of the public health law; or
   28    (ii)  orally,  to two persons eighteen years of age or older, at least
   29  one of whom is the [mentally retarded] INTELLECTUALLY DISABLED  person's
   30  attending  physician,  as  defined in subdivision two of section twenty-
   31  nine hundred eighty of the public health law.
   32    (d) The attending physician, as defined in subdivision two of  section
   33  twenty-nine  hundred  eighty  of  the public health law, who is provided
   34  with the decision of a  guardian  shall  include  the  decision  in  the
   35  [mentally  retarded] INTELLECTUALLY DISABLED person's medical chart, and
   36  shall either:
   37    (i) promptly issue an order to withhold  or  withdraw  life-sustaining
   38  treatment  from  the [mentally retarded] INTELLECTUALLY DISABLED person,
   39  and inform the staff responsible for such person's care, if any, of  the
   40  order; or
   41    (ii)  promptly object to such decision, in accordance with subdivision
   42  five of this section.
   43    (e) At least forty-eight hours prior to the implementation of a  deci-
   44  sion  to withdraw life-sustaining treatment, or at the earliest possible
   45  time prior to the implementation of a decision to withhold life-sustain-
   46  ing treatment, the attending physician shall notify:
   47    (i) the [mentally retarded] INTELLECTUALLY DISABLED person, except  if
   48  the  attending physician determines, in writing and in consultation with
   49  another physician or a licensed  psychologist,  that,  to  a  reasonable
   50  degree  of  medical  certainty,  the  person  would suffer immediate and
   51  severe injury from such notification. The attending physician who  makes
   52  the  confirmation,  or  the physician or licensed psychologist with whom
   53  the attending physician consults, shall:
   54    A. be employed by a developmental disabilities services  office  named
   55  in section 13.17 of the mental hygiene law or employed by the office for
       A. 2125                             7
    1  people  with developmental disabilities to provide treatment and care to
    2  people with developmental disabilities, or
    3    B.  have  been  employed for a minimum of two years to render care and
    4  service in a facility operated, licensed or authorized by the office [of
    5  mental retardation and] FOR PEOPLE WITH developmental disabilities, or
    6    C. have been approved by the commissioner [of mental retardation  and]
    7  FOR  PEOPLE  WITH  developmental  disabilities  in accordance with regu-
    8  lations promulgated by such commissioner. Such regulations shall require
    9  that a physician or licensed psychologist possess  specialized  training
   10  or  three years experience in treating [mental retardation] INTELLECTUAL
   11  DISABILITIES.  A record of such consultation shall be  included  in  the
   12  [mentally retarded] INTELLECTUALLY DISABLED person's medical record;
   13    (ii) if the person is in or was transferred from a residential facili-
   14  ty operated, licensed or authorized by the office [of mental retardation
   15  and]  FOR  PEOPLE  WITH  developmental disabilities, the chief executive
   16  officer of the agency or organization operating such  facility  and  the
   17  mental hygiene legal service; and
   18    (iii)  if  the  person  is  not in and was not transferred from such a
   19  facility or program, the commissioner [of mental  retardation  and]  FOR
   20  PEOPLE WITH developmental disabilities, or his or her designee.
   21    5.  Objection  to  health care decision. (a) Suspension. A health care
   22  decision made pursuant to subdivision four  of  this  section  shall  be
   23  suspended,  pending  judicial  review, except if the suspension would in
   24  reasonable medical judgment be likely to result  in  the  death  of  the
   25  [mentally  retarded]  INTELLECTUALLY DISABLED person, in the event of an
   26  objection to that decision at any time by:
   27    (i) the [mentally retarded] INTELLECTUALLY DISABLED  person  on  whose
   28  behalf such decision was made; or
   29    (ii)  a  parent  or adult sibling who either resides with or has main-
   30  tained substantial and continuous contact with the  [mentally  retarded]
   31  INTELLECTUALLY DISABLED person; or
   32    (iii)  the  attending  physician,  as  defined  in  subdivision two of
   33  section twenty-nine hundred eighty of the public health law; or
   34    (iv) any other health care  practitioner  providing  services  to  the
   35  [mentally  retarded]  INTELLECTUALLY  DISABLED  person,  who is licensed
   36  pursuant to article one hundred thirty-one,  one  hundred  thirty-one-B,
   37  one  hundred  thirty-two,  one hundred thirty-three, one hundred thirty-
   38  six, one hundred thirty-nine, one hundred forty-one, one hundred  forty-
   39  three,  one  hundred  forty-four,  one  hundred fifty-three, one hundred
   40  fifty-four, one hundred fifty-six, one hundred fifty-nine or one hundred
   41  sixty-four of the education law; or
   42    (v) the chief executive officer identified  in  subparagraph  (ii)  of
   43  paragraph (e) of subdivision four of this section; or
   44    (vi) if the person is in or was transferred from a residential facili-
   45  ty  or  program  operated, approved or licensed by the office [of mental
   46  retardation and] FOR PEOPLE WITH developmental disabilities, the  mental
   47  hygiene legal service; or
   48    (vii)  if  the  person  is  not in and was not transferred from such a
   49  facility or program, the commissioner [of mental  retardation  and]  FOR
   50  PEOPLE WITH developmental disabilities, or his or her designee.
   51    (b)  Form  of objection. Such objection shall occur orally or in writ-
   52  ing.
   53    (c) Notification. In the event of the  suspension  of  a  health  care
   54  decision pursuant to this subdivision, the objecting party shall prompt-
   55  ly notify the guardian and the other parties identified in paragraph (a)
   56  of  this  subdivision,  and  the  attending  physician shall record such
       A. 2125                             8
    1  suspension in the [mentally retarded] INTELLECTUALLY  DISABLED  person's
    2  medical chart.
    3    (d)  Dispute  mediation. In the event of an objection pursuant to this
    4  subdivision, at the request of the objecting party or person  or  entity
    5  authorized  to  act as a guardian under this section, except a surrogate
    6  decision making committee established pursuant to article eighty of  the
    7  mental  hygiene law, such objection shall be referred to a dispute medi-
    8  ation system, established pursuant to section two thousand nine  hundred
    9  seventy-two  of  the  public  health law or similar entity for mediating
   10  disputes in a hospice, such as a patient's advocate's  office,  hospital
   11  chaplain's  office  or  ethics  committee,  as  described in writing and
   12  adopted by the governing authority  of  such  hospice,  for  non-binding
   13  mediation.  In  the  event  that  such dispute cannot be resolved within
   14  seventy-two hours or no such mediation entity exists  or  is  reasonably
   15  available  for  mediation  of  a dispute, the objection shall proceed to
   16  judicial review pursuant to this subdivision. The party requesting medi-
   17  ation shall provide notification to those  parties  entitled  to  notice
   18  pursuant to paragraph (a) of this subdivision.
   19    6.  Special  proceeding authorized. The guardian, the attending physi-
   20  cian, as defined in  subdivision  two  of  section  twenty-nine  hundred
   21  eighty  of the public health law, the chief executive officer identified
   22  in subparagraph (ii) of  paragraph  (e)  of  subdivision  four  of  this
   23  section,  the  mental  hygiene legal service (if the person is in or was
   24  transferred from a residential facility or program operated, approved or
   25  licensed by the office [of  mental  retardation  and]  FOR  PEOPLE  WITH
   26  developmental  disabilities)  or the commissioner [of mental retardation
   27  and] FOR PEOPLE WITH developmental disabilities or his or  her  designee
   28  (if the person is not in and was not transferred from such a facility or
   29  program)  may  commence  a  special  proceeding  in a court of competent
   30  jurisdiction with respect to any dispute  arising  under  this  section,
   31  including  objecting to the withdrawal or withholding of life-sustaining
   32  treatment because such withdrawal or withholding is not in  accord  with
   33  the criteria set forth in this section.
   34    7.  Provider's  obligations.  (a)  A health care provider shall comply
   35  with the health care decisions made by a guardian in good faith pursuant
   36  to this section, to the same extent as if such decisions had  been  made
   37  by  the  [mentally  retarded]  INTELLECTUALLY  DISABLED  person, if such
   38  person had capacity.
   39    (b) Notwithstanding paragraph (a) of this subdivision, nothing in this
   40  section shall be construed to require a  private  hospital  to  honor  a
   41  guardian's health care decision that the hospital would not honor if the
   42  decision  had  been made by the [mentally retarded] INTELLECTUALLY DISA-
   43  BLED person, if such  person  had  capacity,  because  the  decision  is
   44  contrary  to a formally adopted written policy of the hospital expressly
   45  based on religious beliefs or sincerely held moral  convictions  central
   46  to  the  hospital's  operating  principles,  and  the  hospital would be
   47  permitted by law to refuse to honor the decision if made by such person,
   48  provided:
   49    (i) the hospital has informed the guardian of such policy prior to  or
   50  upon admission, if reasonably possible; and
   51    (ii)  the [mentally retarded] INTELLECTUALLY DISABLED person is trans-
   52  ferred promptly to another hospital that is reasonably accessible  under
   53  the  circumstances  and  is willing to honor the guardian's decision. If
   54  the guardian is unable or unwilling to  arrange  such  a  transfer,  the
   55  hospital's  refusal  to honor the decision of the guardian shall consti-
   56  tute an objection pursuant to subdivision five of this section.
       A. 2125                             9
    1    (c) Notwithstanding paragraph (a) of this subdivision, nothing in this
    2  section shall be construed to require an individual health care provider
    3  to honor a guardian's health care decision that the individual would not
    4  honor if the decision had been made by the [mentally retarded] INTELLEC-
    5  TUALLY  DISABLED  person, if such person had capacity, because the deci-
    6  sion is contrary to the individual's religious beliefs or sincerely held
    7  moral convictions, provided the individual health care provider promptly
    8  informs the guardian and the facility, if any, of his or her refusal  to
    9  honor the guardian's decision. In such event, the facility shall prompt-
   10  ly  transfer  responsibility  for the [mentally retarded] INTELLECTUALLY
   11  DISABLED person to another individual health care  provider  willing  to
   12  honor the guardian's decision. The individual health care provider shall
   13  cooperate in facilitating such transfer of the patient.
   14    (d)  Notwithstanding  the  provisions  of  any other paragraph of this
   15  subdivision, if a guardian  directs  the  provision  of  life-sustaining
   16  treatment,  the  denial of which in reasonable medical judgment would be
   17  likely to result in the death of the [mentally retarded]  INTELLECTUALLY
   18  DISABLED person, a hospital or individual health care provider that does
   19  not  wish  to  provide  such treatment shall nonetheless comply with the
   20  guardian's decision pending either transfer of the  [mentally  retarded]
   21  INTELLECTUALLY  DISABLED  person  to  a  willing  hospital or individual
   22  health care provider, or judicial review.
   23    (e) Nothing in this section shall affect or diminish the authority  of
   24  a  surrogate  decision-making  panel to render decisions regarding major
   25  medical treatment pursuant to article eighty of the mental hygiene law.
   26    8. Immunity. (a) Provider immunity. No health care provider or employ-
   27  ee thereof shall be subjected to criminal  or  civil  liability,  or  be
   28  deemed  to  have engaged in unprofessional conduct, for honoring reason-
   29  ably and in good faith a health care decision  by  a  guardian,  or  for
   30  other  actions  taken  reasonably  and  in  good  faith pursuant to this
   31  section.
   32    (b) Guardian immunity. No guardian shall be subjected to  criminal  or
   33  civil liability for making a health care decision reasonably and in good
   34  faith pursuant to this section.
   35    S  5. Section 1751 of the surrogate's court procedure act, as added by
   36  chapter 675 of the laws of 1989, is amended to read as follows:
   37  S 1751. Petition for appointment; by whom made
   38    A petition for the appointment of a guardian of the person or  proper-
   39  ty,  or  both,  [of  a  mentally retarded] AN INTELLECTUALLY DISABLED or
   40  developmentally disabled person may be made by a parent, any  interested
   41  person  eighteen  years  of  age  or  older  on  behalf of the [mentally
   42  retarded] INTELLECTUALLY DISABLED  or  developmentally  disabled  person
   43  including  a  corporation  authorized to serve as a guardian as provided
   44  for by this article, or by the [mentally retarded] INTELLECTUALLY  DISA-
   45  BLED  or  developmentally  disabled  person when such person is eighteen
   46  years of age or older.
   47    S 6. Section 1752 of the surrogate's court procedure act, as added  by
   48  chapter 675 of the laws of 1989, is amended to read as follows:
   49  S 1752. Petition for appointment; contents
   50    The petition for the appointment of a guardian shall be filed with the
   51  court  on forms to be prescribed by the state chief administrator of the
   52  courts. Such petition for a guardian of [a mentally retarded] AN  INTEL-
   53  LECTUALLY DISABLED or developmentally disabled person shall include, but
   54  not be limited to, the following information:
   55    1.  the  full  name,  date  of  birth  and  residence of the [mentally
   56  retarded] INTELLECTUALLY DISABLED or developmentally disabled person;
       A. 2125                            10
    1    2. the name, age, address and relationship or interest  of  the  peti-
    2  tioner  to  the  [mentally retarded] INTELLECTUALLY DISABLED or develop-
    3  mentally disabled person;
    4    3.  the  names  of the father, the mother, children, adult siblings if
    5  eighteen years of age or older, the spouse and primary care physician if
    6  other than a physician having submitted a certification with  the  peti-
    7  tion,  if  any,  of  the  [mentally retarded] INTELLECTUALLY DISABLED or
    8  developmentally disabled person and whether or not they are living,  and
    9  if  living,  their  addresses and the names and addresses of the nearest
   10  distributees of full age who are  domiciliaries,  if  both  parents  are
   11  dead;
   12    4.  the  name  and  address  of  the  person  with  whom the [mentally
   13  retarded] INTELLECTUALLY DISABLED  or  developmentally  disabled  person
   14  resides if other than the parents or spouse;
   15    5.  the  name,  age,  address, education and other qualifications, and
   16  consent of the proposed guardian, standby  and  alternate  guardian,  if
   17  other  than  the parent, spouse, adult child if eighteen years of age or
   18  older or adult sibling if eighteen years of age or older,  and  if  such
   19  parent,  spouse  or adult child be living, why any of them should not be
   20  appointed guardian;
   21    6. the estimated value of real and personal property  and  the  annual
   22  income  therefrom  and  any other income including governmental entitle-
   23  ments to which the [mentally retarded] INTELLECTUALLY DISABLED or devel-
   24  opmentally disabled person is entitled; and
   25    7. any circumstances which the court should  consider  in  determining
   26  whether it is in the best interests of the [mentally retarded] INTELLEC-
   27  TUALLY  DISABLED  or developmentally disabled person not be [be] present
   28  at the hearing if conducted.
   29    S 7. Section 1753 of the surrogate's court procedure act, as added  by
   30  chapter 675 of the laws of 1989, is amended to read as follows:
   31  S 1753. Persons to be served
   32    1. Upon presentation of the petition, process shall issue to:
   33    (a)  the parent or parents, adult children, if the petitioner is other
   34  than a parent, adult siblings, if the petitioner is other than a parent,
   35  and if the  [mentally  retarded]  INTELLECTUALLY  DISABLED  or  develop-
   36  mentally  disabled person is married, to the spouse, if their residences
   37  are known;
   38    (b) the person having care and  custody  of  the  [mentally  retarded]
   39  INTELLECTUALLY DISABLED or developmentally disabled person, or with whom
   40  such person resides if other than the parents or spouse; and
   41    (c) the [mentally retarded] INTELLECTUALLY DISABLED or developmentally
   42  disabled  person  if fourteen years of age or older for whom an applica-
   43  tion has been made in such person's behalf.
   44    2. Upon presentation of the petition, notice of such petition shall be
   45  served by certified mail to:
   46    (a) the adult siblings if the petitioner is a parent, and adult  chil-
   47  dren if the petitioner is a parent;
   48    (b)  the mental hygiene legal service in the judicial department where
   49  the facility, as defined in subdivision (a)  of  section  47.01  of  the
   50  mental hygiene law, is located if the [mentally retarded] INTELLECTUALLY
   51  DISABLED or developmentally disabled person resides in such a facility;
   52    (c)  in all cases, to the director in charge of a facility licensed or
   53  operated by an agency of  the  state  of  New  York,  if  the  [mentally
   54  retarded]  INTELLECTUALLY  DISABLED  or  developmentally disabled person
   55  resides in such facility;
       A. 2125                            11
    1    (d) one other  person  if  designated  in  writing  by  the  [mentally
    2  retarded]  INTELLECTUALLY  DISABLED  or developmentally disabled person;
    3  and
    4    (e) such other persons as the court may deem proper.
    5    3.  No  process or notice shall be necessary to a parent, adult child,
    6  adult sibling, or spouse of the [mentally retarded] INTELLECTUALLY DISA-
    7  BLED or developmentally disabled person who has been declared by a court
    8  as being incompetent. In addition, no process or notice shall be  neces-
    9  sary  to a spouse who is divorced from the [mentally retarded] INTELLEC-
   10  TUALLY DISABLED or developmentally disabled person,  and  to  a  parent,
   11  adult  child,  adult sibling when it shall appear to the satisfaction of
   12  the court that such person  or  persons  have  abandoned  the  [mentally
   13  retarded] INTELLECTUALLY DISABLED or developmentally disabled person.
   14    S  8. Section 1754 of the surrogate's court procedure act, as added by
   15  chapter 675 of the laws of 1989, is amended to read as follows:
   16  S 1754. Hearing and trial
   17    1. Upon a petition for the appointment of a guardian  of  [a  mentally
   18  retarded]  AN INTELLECTUALLY DISABLED or developmentally disabled person
   19  eighteen years of age or older, the court shall  conduct  a  hearing  at
   20  which  such  person  shall  have the right to jury trial. The right to a
   21  jury trial shall be deemed waived by failure to make a demand  therefor.
   22  The court may in its discretion dispense with a hearing for the appoint-
   23  ment  of  a  guardian,  and  may in its discretion appoint a guardian ad
   24  litem, or the mental hygiene legal service if such person is a  resident
   25  of  a  mental  hygiene facility as defined in subdivision (a) of section
   26  47.01 of the mental hygiene law, to recommend whether the appointment of
   27  a guardian as proposed in the application is in the best interest of the
   28  [mentally retarded] INTELLECTUALLY DISABLED or developmentally  disabled
   29  person, provided however, that such application has been made by:
   30    (a) both parents or the survivor; or
   31    (b) one parent and the consent of the other parent; or
   32    (c) any interested party and the consent of each parent.
   33    2. When it shall appear to the satisfaction of the court that a parent
   34  or  parents  not  joining in or consenting to the application have aban-
   35  doned the [mentally retarded] INTELLECTUALLY DISABLED or developmentally
   36  disabled person or are not otherwise required  to  receive  notice,  the
   37  court may dispense with such parent's consent in determining the need to
   38  conduct  a  hearing  for a person under the age of eighteen. However, if
   39  the consent of both parents or the surviving parent is dispensed with by
   40  the court, a hearing shall be held on the application.
   41    3. If a hearing is conducted, the [mentally  retarded]  INTELLECTUALLY
   42  DISABLED  or  developmentally disabled person shall be present unless it
   43  shall appear to the satisfaction of the court on  the  certification  of
   44  the  certifying  physician  that  the [mentally retarded] INTELLECTUALLY
   45  DISABLED or developmentally disabled person is  medically  incapable  of
   46  being present to the extent that attendance is likely to result in phys-
   47  ical  harm to such [mentally retarded] INTELLECTUALLY DISABLED or devel-
   48  opmentally disabled person, or under such other circumstances which  the
   49  court finds would not be in the best interest of the [mentally retarded]
   50  INTELLECTUALLY DISABLED or developmentally disabled person.
   51    4.  If either a hearing is dispensed with pursuant to subdivisions one
   52  and two of this section or the [mentally retarded] INTELLECTUALLY  DISA-
   53  BLED  or  developmentally  disabled person is not present at the hearing
   54  pursuant to subdivision three of this section, the court may  appoint  a
   55  guardian ad litem if no mental hygiene legal service attorney is author-
   56  ized to act on behalf of the [mentally retarded] INTELLECTUALLY DISABLED
       A. 2125                            12
    1  or  developmentally  disabled  person.  The  guardian ad litem or mental
    2  hygiene legal service attorney, if appointed, shall personally interview
    3  the [mentally retarded] INTELLECTUALLY DISABLED or developmentally disa-
    4  bled person and shall submit a written report to the court.
    5    5.  If,  upon  conclusion  of such hearing or jury trial or if none be
    6  held upon the application, the court is satisfied that the  best  inter-
    7  ests  of  the  [mentally  retarded]  INTELLECTUALLY DISABLED or develop-
    8  mentally disabled person will be promoted by the appointment of a guard-
    9  ian of the person or property, or both, it shall make  a  decree  naming
   10  such person or persons to serve as such guardians.
   11    S  9. Section 1755 of the surrogate's court procedure act, as added by
   12  chapter 675 of the laws of 1989, is amended to read as follows:
   13  S 1755. Modification order
   14    Any [mentally retarded]  INTELLECTUALLY  DISABLED  or  developmentally
   15  disabled  person eighteen years of age or older, or any person on behalf
   16  of any [mentally retarded] INTELLECTUALLY  DISABLED  or  developmentally
   17  disabled person for whom a guardian has been appointed, may apply to the
   18  court having jurisdiction over the guardianship order requesting modifi-
   19  cation  of such order in order to protect the [mentally retarded] INTEL-
   20  LECTUALLY DISABLED or developmentally disabled person's financial  situ-
   21  ation  and/or his or her personal interests. The court may, upon receipt
   22  of any such request to modify the guardianship order, appoint a guardian
   23  ad litem. The court shall so modify the guardianship  order  if  in  its
   24  judgment  the  interests  of  the  guardian  are adverse to those of the
   25  [mentally retarded] INTELLECTUALLY DISABLED or developmentally  disabled
   26  person or if the interests of justice will be best served including, but
   27  not  limited to, facts showing the necessity for protecting the personal
   28  and/or financial interests of  the  [mentally  retarded]  INTELLECTUALLY
   29  DISABLED or developmentally disabled person.
   30    S 10. Section 1756 of the surrogate's court procedure act, as added by
   31  chapter 675 of the laws of 1989, is amended to read as follows:
   32  S 1756. Limited guardian of the property
   33    When  it  shall  appear  to  the  satisfaction  of the court that such
   34  [mentally retarded] INTELLECTUALLY DISABLED or developmentally  disabled
   35  person  for  whom  an  application  for guardianship is made is eighteen
   36  years of age or older and is wholly or substantially self-supporting  by
   37  means  of  his  or  her  wages or earnings from employment, the court is
   38  authorized and empowered to appoint a limited guardian of  the  property
   39  of  such  [mentally retarded] INTELLECTUALLY DISABLED or developmentally
   40  disabled person who shall receive, manage, disburse and account for only
   41  such property of said [mentally  retarded]  INTELLECTUALLY  DISABLED  or
   42  developmentally disabled person as shall be received from other than the
   43  wages or earnings of said person.
   44    The  [mentally  retarded]  INTELLECTUALLY  DISABLED or developmentally
   45  disabled person for whom a limited guardian of  the  property  has  been
   46  appointed  shall  have the right to receive and expend any and all wages
   47  or other earnings of his or her employment and shall have the  power  to
   48  contract  or  legally  bind himself or herself for such sum of money not
   49  exceeding one month's wages or earnings from such  employment  or  three
   50  hundred dollars, whichever is greater, or as otherwise authorized by the
   51  court.
   52    S 11. Section 1757 of the surrogate's court procedure act, as added by
   53  chapter 675 of the laws of 1989, the section heading as amended by chap-
   54  ter  290 of the laws of 1992, subdivision 2 as amended by chapter 260 of
   55  the laws of 2009, and subdivision 3 as added by chapter 294 of the  laws
   56  of 2012, is amended to read as follows:
       A. 2125                            13
    1  S 1757. Standby  guardian  of  [a  mentally  retarded] AN INTELLECTUALLY
    2            DISABLED or developmentally disabled person
    3    1.  Upon  application, a standby guardian of the person or property or
    4  both of [a mentally retarded] AN  INTELLECTUALLY  DISABLED  or  develop-
    5  mentally  disabled  person  may be appointed by the court. The court may
    6  also, upon application, appoint an alternate  and/or  successive  alter-
    7  nates  to  such  standby guardian, to act if such standby guardian shall
    8  die, or become incapacitated, or shall renounce.  Such  appointments  by
    9  the  court shall be made in accordance with the provisions of this arti-
   10  cle.
   11    2. Such standby guardian, or alternate in the event  of  such  standby
   12  guardian's  death,  incapacity  or  renunciation,  shall without further
   13  proceedings be empowered to assume the duties of his or her office imme-
   14  diately upon death, renunciation or adjudication of incompetency of  the
   15  guardian or standby guardian appointed pursuant to this article, subject
   16  only  to  confirmation of his or her appointment by the court within one
   17  hundred eighty days following assumption of his or her  duties  of  such
   18  office.  Before  confirming  the  appointment of the standby guardian or
   19  alternate guardian, the court may conduct a hearing pursuant to  section
   20  seventeen  hundred fifty-four of this article upon petition by anyone on
   21  behalf of the [mentally retarded] INTELLECTUALLY  DISABLED  or  develop-
   22  mentally disabled person or the [mentally retarded] INTELLECTUALLY DISA-
   23  BLED or developmentally disabled person if such person is eighteen years
   24  of age or older, or upon its discretion.
   25    3.  Failure  of  a standby or alternate standby guardian to assume the
   26  duties of guardian, seek court confirmation or to renounce the guardian-
   27  ship within sixty days of written notice by certified mail  or  personal
   28  delivery given by or on behalf of the [mentally retarded] INTELLECTUALLY
   29  DISABLED  or  developmentally  disabled  person  of  a  prior guardian's
   30  inability to serve and the standby or alternate standby guardian's  duty
   31  to  serve, seek court confirmation or renounce such role shall allow the
   32  court to:
   33    (a) deem the failure an implied renunciation of guardianship, and
   34    (b) authorize, notwithstanding the time period provided for in  subdi-
   35  vision  two  of  this  section to seek court confirmation, any remaining
   36  standby or alternate standby guardian to serve in such capacity provided
   37  (i) an application for confirmation and appropriate notices pursuant  to
   38  subdivision one of section seventeen hundred fifty-three of this article
   39  are  filed,  or (ii) an application for modification of the guardianship
   40  order pursuant to section seventeen hundred fifty-five of  this  article
   41  is filed.
   42    S  12. Section 1758 of the surrogate's court procedure act, as amended
   43  by chapter 427 of the laws of 2013, is amended to read as follows:
   44  S 1758. Court jurisdiction
   45    1. The jurisdiction of the court to hear proceedings pursuant to  this
   46  article  shall  be subject to article eighty-three of the mental hygiene
   47  law.
   48    2. After the appointment of a guardian, standby guardian or  alternate
   49  guardians, the court shall have and retain general jurisdiction over the
   50  [mentally  retarded] INTELLECTUALLY DISABLED or developmentally disabled
   51  person for whom such guardian shall have been appointed, to take of  its
   52  own  motion  or  to  entertain and adjudicate such steps and proceedings
   53  relating to such guardian, standby, or alternate guardianship as may  be
   54  deemed  necessary  or proper for the welfare of such [mentally retarded]
   55  INTELLECTUALLY DISABLED or developmentally disabled person.
       A. 2125                            14
    1    S 13. Section 1759 of the surrogate's court procedure act, as added by
    2  chapter 675 of the laws of 1989, is amended to read as follows:
    3  S 1759. Duration of guardianship
    4    1.  Such  guardianship  shall  not terminate at the age of majority or
    5  marriage of such [mentally retarded] INTELLECTUALLY DISABLED or develop-
    6  mentally disabled person but shall continue  during  the  life  of  such
    7  person, or until terminated by the court.
    8    2.  A person eighteen years or older for whom such a guardian has been
    9  previously appointed or anyone, including the guardian, on behalf of  [a
   10  mentally  retarded]  AN INTELLECTUALLY DISABLED or developmentally disa-
   11  bled person for whom a guardian has  been  appointed  may  petition  the
   12  court  which  made such appointment or the court in his or her county of
   13  residence to have the guardian discharged and a successor appointed,  or
   14  to have the guardian of the property designated as a limited guardian of
   15  the  property,  or to have the guardianship order modified, dissolved or
   16  otherwise amended. Upon such a petition  for  review,  the  court  shall
   17  conduct  a  hearing  pursuant to section seventeen hundred fifty-four of
   18  this article.
   19    3. Upon marriage of such [mentally retarded]  INTELLECTUALLY  DISABLED
   20  or  developmentally  disabled  person  for whom such a guardian has been
   21  appointed, the court shall, upon  request  of  the  [mentally  retarded]
   22  INTELLECTUALLY  DISABLED  or developmentally disabled person, spouse, or
   23  any other person acting on behalf of the [mentally retarded] INTELLECTU-
   24  ALLY DISABLED or developmentally disabled person, review  the  need,  if
   25  any,  to  modify,  dissolve  or  otherwise  amend the guardianship order
   26  including, but not limited to, the appointment of the spouse as  standby
   27  guardian.   The court, in its discretion, may conduct such review pursu-
   28  ant to section seventeen hundred fifty-four of this article.
   29    S 14. Section 1760 of the surrogate's court procedure act, as added by
   30  chapter 675 of the laws of 1989, is amended to read as follows:
   31  S 1760. Corporate guardianship
   32    No corporation may be appointed  guardian  of  the  person  under  the
   33  provisions  of this article, except that a non-profit corporation organ-
   34  ized and existing under the laws of the state of New York and having the
   35  corporate power to act as guardian of [mentally retarded] INTELLECTUALLY
   36  DISABLED or developmentally disabled persons may  be  appointed  as  the
   37  guardian  of  the person only of such [mentally retarded] INTELLECTUALLY
   38  DISABLED or developmentally disabled person.
   39    S 15. Section 1761 of the surrogate's court procedure act, as added by
   40  chapter 675 of the laws of 1989, is amended to read as follows:
   41  S 1761. Application of other provisions
   42    To the extent that the context thereof shall admit, the provisions  of
   43  article  seventeen of this act shall apply to all proceedings under this
   44  article with the same force and [affect] EFFECT as if  an  "infant",  as
   45  therein  referred  to,  were  [a "mentally retarded"] AN "INTELLECTUALLY
   46  DISABLED" or "developmentally disabled person" as herein defined, and  a
   47  "guardian"  as  therein  referred  to  were a "guardian of the [mentally
   48  retarded] INTELLECTUALLY DISABLED person" or a "guardian of  a  develop-
   49  mentally disabled person" as herein provided for.
   50    S 16. This act shall take effect immediately.