§ 81.19 Eligibility as guardian.\n (a) 1. Any individual over eighteen years of age, or any parent under\neighteen years of age, who is found by the court to be suitable to\nexercise the powers necessary to assist the incapacitated person may be\nappointed as guardian, including but not limited to a spouse, adult\nchild, parent, or sibling.\n 2. A not-for-profit corporation organized to act in such capacity, a\nsocial services official, or public agency authorized to act in such\ncapacity which has a concern for the incapacitated person, and any\ncommunity guardian program operating pursuant to the provisions of title\nthree of article nine-B of the social services law which is found by the\ncourt to be suitable to perform the duties necessary to assist the\nincapacitated person may be appointed as guardian, provided that a\ncommunity guardian program shall be appointed as guardian only where a\nspecial proceeding for the appointment of a guardian under this article\nhas been commenced by a social services official with whom such program\nwas contracted.\n 3. A corporation, except that no corporation (other than as provided\nin paragraph two of this subdivision) may be authorized to exercise the\npowers necessary to assist the incapacitated person with personal needs.\n (b) The court shall appoint a person nominated as the guardian in\naccordance with the provisions of section 81.17 of this article unless\nthe court determines the nominee is unfit or the alleged incapacitated\nperson indicates that he or she no longer wishes the nominee to be\nappointed.\n (c) In the absence of a nomination in accordance with section 81.17 of\nthis article, the court shall appoint a person nominated by the person\nalleged to be incapacitated orally or by conduct during the hearing or\ntrial unless the court determines for good cause that such appointment\nis not appropriate.\n (d) In making any appointment under this article the court shall\nconsider:\n 1. any appointment or delegation made by the person alleged to be\nincapacitated in accordance with the provisions of section 5-1501,\n5-1601 or 5-1602 of the general obligations law and sections two\nthousand nine hundred sixty-five and two thousand nine hundred\neighty-one of the public health law;\n 2. the social relationship between the incapacitated person and the\nperson, if any, proposed as guardian, and the social relationship\nbetween the incapacitated person and other persons concerned with the\nwelfare of the incapacitated person;\n 3. the care and services being provided to the incapacitated person at\nthe time of the proceeding;\n 4. the powers which the guardian will exercise;\n 5. the educational, professional and business experience relevant to\nthe nature of the services sought to be provided;\n 6. the nature of the financial resources involved;\n 7. the unique requirements of the incapacitated person; and\n 8. any conflicts of interest between the person proposed as guardian\nand the incapacitated person.\n (e) Unless the court finds that no other person or corporation is\navailable or willing to act as guardian, or to provide needed services\nfor the incapacitated person, the following persons or corporations may\nnot serve as guardian:\n 1. one whose only interest in the person alleged to be incapacitated\nis that of a creditor;\n 2. one, other than a relative, who is a provider, or the employee of a\nprovider, of health care, day care, educational, or residential services\nto the incapacitated person, whether direct or indirect.\n (f) Mental hygiene legal service may not serve as a guardian.\n (g) 1. In making an appointment or considering a revocation of an\nappointment under this article, the court also may obtain and consider,\nand may authorize a court evaluator to review the same and report to the\ncourt concerning, any of the following information regarding the\nguardian or proposed guardian, and, if the incapacitated person resides\nor will reside
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