Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
Any relative, public official, or interested person, or any individual on his or her own behalf may file a verified petition for a finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate.
Notice of Hearing:
Once the petition is filed, the court will set the date on which the order to show cause is heard no more than twenty-eight days from the date of the signing of the order to show cause. The court may for good cause shown set a date less than twenty-eight days from the date of the signing of the order to show cause.
The court will require the order to show cause to be served together with a copy of the petition and any supporting papers upon the alleged incapacitated person, the court evaluator, and counsel for the alleged incapacitated person in the form and manner for notice under this law. The court will not require that supporting papers contain medical information.
The persons entitled to service of the order to show cause shall include the person alleged to be incapacitated, the attorney for the person alleged to be incapacitated, if known to the petitioner, and the court evaluator.
Examinations, Evaluations, and Interviews:
In a proceeding brought pursuant to this article any party to the proceeding shall have the right to present evidence, call witnesses, including expert witnesses, cross-examine witnesses, including witnesses called by the court, and be represented by counsel of his or her choice.
Adjudication and Disposition:
The court may appoint a guardian for a person if the court determines:
(1) that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care, or safety and/or to manage the property and financial affairs of that person; and
(2) that the person agrees to the appointment, or that the person is incapacitated. In deciding whether the appointment is necessary, the court shall consider the report of the court evaluator, as required, and the sufficiency and reliability of available resources to provide for personal needs or property management without the appointment of a guardian.
Any guardian appointed shall be granted only those powers which are necessary to provide for personal needs and/or property management of the incapacitated person in such a manner as appropriate to the individual and which shall constitute the least restrictive form of intervention.
The determination of incapacity shall be based on clear and convincing evidence and shall consist of a determination that a person is likely to suffer harm because:
1. the person is unable to provide for personal needs and/or property management; and
2. the person cannot adequately understand and appreciate the nature and consequences of such inability.
N.Y. Cons. Law (MHY) § 81.06
N.Y. Cons. Law (MHY) § 81.02
N.Y. Cons. Law (MHY) § 81.07
N.Y. Cons. Law (MHY) § 81.11
https://www.nysenate.gov/legislation/laws/MHY/81.11