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GUARDIANS OF MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS
Section 1750. Guardianship of mentally retarded persons. 1750-a. Guardianship of developmentally disabled persons. 1750-b. Health care decisions for mentally retarded persons. 1751. Petition for appointment; by whom made. 1752. Petition for appointment; contents. 1753. Persons to be served. 1754. Hearing and trial. 1755. Modification order. 1756. Limited guardian of the property. 1757. Standby guardian of a mentally retarded or developmentally disabled person. 1758. Court jurisdiction. 1759. Duration of guardianship. 1760. Corporate guardianship. 1761. Application of other provisions. S 1750. Guardianship of mentally retarded persons When it shall appear to the satisfaction of the court that a person is a mentally retarded person, the court is authorized to appoint a guardian of the person or of the property or of both if such appointment of a guardian or guardians is in the best interest of the mentally retarded person. Such appointment shall be made pursuant to the provisions of this article, provided however that the provisions of section seventeen hundred fifty-a of this article shall not apply to the appointment of a guardian or guardians of a mentally retarded person. 1. For the purposes of this article, a mentally retarded person is a person who has been certified by one licensed physician and one licensed psychologist, or by two licensed physicians at least one of whom is familiar with or has professional knowledge in the care and treatment of persons with mental retardation, having qualifications to make such certification, as being incapable to manage him or herself and/or his or her affairs by reason of mental retardation and that such condition is permanent in nature or likely to continue indefinitely. 2. Every such certification pursuant to subdivision one of this section, made on or after the effective date of this subdivision, shall include a specific determination by such physician and psychologist, or by such physicians, as to whether the mentally retarded person has the capacity to make health care decisions, as defined by subdivision three of section twenty-nine hundred eighty of the public health law, for himself or herself. A determination that the mentally retarded person has the capacity to make health care decisions shall not preclude the appointment of a guardian pursuant to this section to make other decisions on behalf of the mentally retarded person. The absence of this determination in the case of guardians appointed prior to the effective date of this subdivision shall not preclude such guardians from making health care decisions. S 1750-a. Guardianship of developmentally disabled persons When it shall appear to the satisfaction of the court that a person is a developmentally disabled person, the court is authorized to appoint a guardian of the person or of the property or of both if such appointment of a guardian or guardians is in the best interest of the developmentally disabled person. Such appointments shall be made pursuant to the provisions of this article, provided however that the provisions of section seventeen hundred fifty of this article shall not apply to the appointment of a guardian or guardians of a developmentally disabled person. For the purposes of this article, a developmentally disabled person is a person who has been certified by one licensed physician and one licensed psychologist, or by two licensed physicians at least one of whom is familiar with or has professional knowledge in the care and treatment of persons with developmental disabilities, having qualifications to make such certification, as having an impaired ability to understand and appreciate the nature and consequences of decisions which result in such person being incapable of managing himself or herself and/or his or her affairs by reason of developmental disability and that such condition is permanent in nature or likely to continue indefinitely, and whose disability: 1. is attributable to cerebral palsy, epilepsy, neurological impairment, autism or traumatic head injury; 2. is attributable to any other condition of a person found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons; or 3. is attributable to dyslexia resulting from a disability described in subdivision one or two of this section or from mental retardation; and 4. originates before such person attains age twenty-two, provided, however, that no such age of origination shall apply for the purposes of this article to a person with traumatic head injury. S 1750-b. Health care decisions for mentally retarded persons 1. Scope of authority. Unless specifically prohibited by the court after consideration of the determination, if any, regarding a mentally retarded person`s capacity to make health care decisions, which is required by section seventeen hundred fifty of this article, the guardian of such person appointed pursuant to section seventeen hundred fifty of this article shall have the authority to make any and all health care decisions, as defined by subdivision six of section twenty-nine hundred eighty of the public health law, on behalf of the mentally retarded person that such person could make if such person had capacity. Such decisions may include decisions to withhold or withdraw life-sustaining treatment, as defined in subdivision (e) of section 81.29 of the mental hygiene law. The provisions of this article are not intended to permit or promote suicide, assisted suicide or euthanasia; accordingly, nothing in this section shall be construed to permit a guardian to consent to any act or omission to which the mentally retarded persons could not consent if such person had capacity. 2. Decision-making standard. (a) The guardian shall base all advocacy and health care decision-making solely and exclusively on the best interests of the mentally retarded person and, when reasonably known or ascertainable with reasonable diligence, on the mentally retarded person`s wishes, including moral and religious beliefs. (b) An assessment of the mentally retarded person`s best interests shall include consideration of: (i) the dignity and uniqueness of every person; (ii) the preservation, improvement or restoration of the mentally retarded person`s health; (iii) the relief of the mentally retarded person`s suffering by means of palliative care and pain management; (iv) the unique nature of artificially provided nutrition or hydration, and the effect it may have on the mentally retarded person; and (v) the entire medical condition of the person. (c) No health care decision shall be influenced in any way by: (i) a presumption that persons with mental retardation are not entitled to the full and equal rights, equal protection, respect, medical care and dignity afforded to persons without mental retardation or developmental disabilities; or (ii) financial considerations of the guardian, as such considerations affect the guardian, a health care provider or any other party. 3. Right to receive information. Subject to the provisions of sections 33.13 and 33.16 of the mental hygiene law, the guardian shall have the right to receive all medical information and medical and clinical records necessary to make informed decisions regarding the mentally retarded person`s health care. 4. Life-sustaining treatment. The guardian shall have the affirmative obligation to advocate for the full and efficacious provision of health care, including life-sustaining treatment as defined in subdivision (e) of section 81.29 of the mental hygiene law. In the event that a guardian makes a decision to withdraw or withhold life-sustaining treatment from a mentally retarded person: (a) The attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law, must confirm to a reasonable degree of medical certainty that the mentally retarded person lacks capacity to make health care decisions. The determination thereof shall be included in the mentally retarded person`s medical record, and shall contain such attending physician`s opinion regarding the cause and nature of the mentally retarded person`s incapacity as well as its extent and probable duration. The attending physician who makes the confirmation shall consult with another physician, or a licensed psychologist, to further confirm the mentally retarded person`s lack of capacity. The attending physician who makes the confirmation, or the physician or licensed psychologist with whom the attending physician consults, must (i) be employed by a developmental disabilities services office named in section 13.17 of the mental hygiene law, or (ii) have been employed for a minimum of two years to render care and service in a facility or program operated, licensed or authorized by the office of mental retardation and developmental disabilities, or (iii) have been approved by the commissioner of mental retardation and developmental disabilities in accordance with regulations promulgated by such commissioner. Such regulations shall require that a physician or licensed psychologist possess specialized training or three years experience in treating mental retardation. A record of such consultation shall be included in the mentally retarded person`s medical record. (b) The attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law, with the concurrence of another physician with whom such attending physician shall consult, must determine to a reasonable degree of medical certainty and note on the mentally retarded person`s chart that: (i) the mentally retarded person has a medical condition as follows: A. a terminal condition, as defined in subdivision twenty-three of section twenty-nine hundred sixty-one of the public health law; or B. permanent unconsciousness; or C. a medical condition other than such person`s mental retardation which requires life-sustaining treatment, is irreversible and which will continue indefinitely; and (ii) the life-sustaining treatment would impose an extraordinary burden on such person, in light of: A. such person`s medical condition, other than such person`s mental retardation; and B. the expected outcome of the life-sustaining treatment, notwithstanding such person`s mental retardation; and (iii) in the case of a decision to withdraw or withhold artificially provided nutrition or hydration: A. there is no reasonable hope of maintaining life; or B. the artificially provided nutrition or hydration poses an extraordinary burden. (c) The guardian shall express a decision to withhold or withdraw life-sustaining treatment either: (i) in writing, dated and signed in the presence of one witness eighteen years of age or older who shall sign the decision, and presented to the attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law; or (ii) orally, to two persons eighteen years of age or older, at least one of whom is the mentally retarded person`s attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law. (d) The attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law, who is provided with the decision of a guardian shall include the decision in the mentally retarded person`s medical chart, and shall either: (i) promptly issue an order to withhold or withdraw life-sustaining treatment from the mentally retarded person, and inform the staff responsible for such person`s care, if any, of the order; or (ii) promptly object to such decision, in accordance with subdivision five of this section. (e) At least forty-eight hours prior to the implementation of a decision to withdraw life-sustaining treatment, or at the earliest possible time prior to the implementation of a decision to withhold life-sustaining treatment, the attending physician shall notify: (i) the mentally retarded person, except if the attending physician determines, in writing and in consultation with another physician or a licensed psychologist, that, to a reasonable degree of medical certainty, the person would suffer immediate and severe injury from such notification. The attending physician who makes the confirmation, or the physician or licensed psychologist with whom the attending physician consults, shall: A. be employed by a developmental disabilities services office named in section 13.17 of the mental hygiene law, or B. have been employed for a minimum of two years to render care and service in a facility operated, licensed or authorized by the office of mental retardation and developmental disabilities, or C. have been approved by the commissioner of mental retardation and developmental disabilities in accordance with regulations promulgated by such commissioner. Such regulations shall require that a physician or licensed psychologist possess specialized training or three years experience in treating mental retardation. A record of such consultation shall be included in the mentally retarded person`s medical record; (ii) if the person is in or was transferred from a residential facility operated, licensed or authorized by the office of mental retardation and developmental disabilities, the chief executive officer of the agency or organization operating such facility and the mental hygiene legal service; and (iii) if the person is not in and was not transferred from such a facility or program, the commissioner of mental retardation and developmental disabilities, or his or her designee. 5. Objection to health care decision. (a) Suspension. A health care decision made pursuant to subdivision four of this section shall be suspended, pending judicial review, except if the suspension would in reasonable medical judgment be likely to result in the death of the mentally retarded person, in the event of an objection to that decision at any time by: (i) the mentally retarded person on whose behalf such decision was made; or (ii) a parent or adult sibling who either resides with or has maintained substantial and continuous contact with the mentally retarded person; or (iii) the attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law; or (iv) any other health care practitioner providing services to the mentally retarded person, who is licensed pursuant to article one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three, one hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one hundred forty-three, one hundred forty-four, one hundred fifty-three, one hundred fifty-four, one hundred fifty-six, one hundred fifty-nine or one hundred sixty-four of the education law; or (v) the chief executive officer identified in subparagraph (ii) of paragraph (e) of subdivision four of this section; or (vi) if the person is in or was transferred from a residential facility or program operated, approved or licensed by the office of mental retardation and developmental disabilities, the mental hygiene legal service; or (vii) if the person is not in and was not transferred from such a facility or program, the commissioner of mental retardation and developmental disabilities, or his or her designee. (b) Form of objection. Such objection shall occur orally or in writing. (c) Notification. In the event of the suspension of a health care decision pursuant to this subdivision, the objecting party shall promptly notify the guardian and the other parties identified in paragraph (a) of this subdivision, and the attending physician shall record such suspension in the mentally retarded person`s medical chart. 6. Special proceeding authorized. The guardian, the attending physician, as defined in subdivision two of section twenty-nine hundred eighty of the public health law, the chief executive officer identified in subparagraph (ii) of paragraph (e) of subdivision four of this section, the mental hygiene legal service (if the person is in or was transferred from a residential facility or program operated, approved or licensed by the office of mental retardation and developmental disabilities) or the commissioner of mental retardation and developmental disabilities or his or her designee (if the person is not in and was not transferred from such a facility or program) may commence a special proceeding in a court of competent jurisdiction with respect to any dispute arising under this section, including objecting to the withdrawal or withholding of life-sustaining treatment because such withdrawal or withholding is not in accord with the criteria set forth in this section.
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7. Provider`s obligations. (a) A health care provider shall comply with the health care decisions made by a guardian in good faith pursuant to this section, to the same extent as if such decisions had been made by the mentally retarded person, if such person had capacity. (b) Notwithstanding paragraph (a) of this subdivision, nothing in this section shall be construed to require a private hospital to honor a guardian`s health care decision that the hospital would not honor if the decision had been made by the mentally retarded person, if such person had capacity, because the decision is contrary to a formally adopted written policy of the hospital expressly based on religious beliefs or sincerely held moral convictions central to the hospital`s operating principles, and the hospital would be permitted by law to refuse to honor the decision if made by such person, provided: (i) the hospital has informed the guardian of such policy prior to or upon admission, if reasonably possible; and (ii) the mentally retarded person is transferred promptly to another hospital that is reasonably accessible under the circumstances and is willing to honor the guardian`s decision. If the guardian is unable or unwilling to arrange such a transfer, the hospital`s refusal to honor the decision of the guardian shall constitute an objection pursuant to subdivision five of this section. (c) Notwithstanding paragraph (a) of this subdivision, nothing in this section shall be construed to require an individual health care provider to honor a guardian`s health care decision that the individual would not honor if the decision had been made by the mentally retarded person, if such person had capacity, because the decision is contrary to the individual`s religious beliefs or sincerely held moral convictions, provided the individual health care provider promptly informs the guardian and the facility, if any, of his or her refusal to honor the guardian`s decision. In such event, the facility shall promptly transfer responsibility for the mentally retarded person to another individual health care provider willing to honor the guardian`s decision. The individual health care provider shall cooperate in facilitating such transfer of the patient. (d) Notwithstanding the provisions of any other paragraph of this subdivision, if a guardian directs the provision of life-sustaining treatment, the denial of which in reasonable medical judgment would be likely to result in the death of the mentally retarded person, a hospital or individual health care provider that does not wish to provide such treatment shall nonetheless comply with the guardian`s decision pending either transfer of the mentally retarded person to a willing hospital or individual health care provider, or judicial review. (e) Nothing in this section shall affect or diminish the authority of a surrogate decision-making panel to render decisions regarding major medical treatment pursuant to article eighty of the mental hygiene law. 8. Immunity. (a) Provider immunity. No health care provider or employee thereof shall be subjected to criminal or civil liability, or be deemed to have engaged in unprofessional conduct, for honoring reasonably and in good faith a health care decision by a guardian, or for other actions taken reasonably and in good faith pursuant to this section. (b) Guardian immunity. No guardian shall be subjected to criminal or civil liability for making a health care decision reasonably and in good faith pursuant to this section. S 1751. Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of a mentally retarded or developmentally disabled person may be made by a parent, any interested person eighteen years of age or older on behalf of the mentally retarded or developmentally disabled person including a corporation authorized to serve as a guardian as provided for by this article, or by the mentally retarded or developmentally disabled person when such person is eighteen years of age or older. S 1752. Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed by the state chief administrator of the courts. Such petition for a guardian of a mentally retarded or developmentally disabled person shall include, but not be limited to, the following information: 1. the full name, date of birth and residence of the mentally retarded or developmentally disabled person; 2. the name, age, address and relationship or interest of the petitioner to the mentally retarded or developmentally disabled person; 3. the names of the father, the mother, children, adult siblings if eighteen years of age or older, the spouse and primary care physician if other than a physician having submitted a certification with the petition, if any, of the mentally retarded or developmentally disabled person and whether or not they are living, and if living, their addresses and the names and addresses of the nearest distributees of full age who are domiciliaries, if both parents are dead; 4. the name and address of the person with whom the mentally retarded or developmentally disabled person resides if other than the parents or spouse; 5. the name, age, address, education and other qualifications, and consent of the proposed guardian, standby and alternate guardian, if other than the parent, spouse, adult child if eighteen years of age or older or adult sibling if eighteen years of age or older, and if such parent, spouse or adult child be living, why any of them should not be appointed guardian; 6. the estimated value of real and personal property and the annual income therefrom and any other income including governmental entitlements to which the mentally retarded or developmentally disabled person is entitled; and 7. any circumstances which the court should consider in determining whether it is in the best interests of the mentally retarded or developmentally disabled person not be be present at the hearing if conducted. S 1753. Persons to be served 1. Upon presentation of the petition, process shall issue to: (a) the parent or parents, adult children, if the petitioner is other than a parent, adult siblings, if the petitioner is other than a parent, and if the mentally retarded or developmentally disabled person is married, to the spouse, if their residences are known; (b) the person having care and custody of the mentally retarded or developmentally disabled person, or with whom such person resides if other than the parents or spouse; and (c) the mentally retarded or developmentally disabled person if fourteen years of age or older for whom an application has been made in such person`s behalf. 2. Upon presentation of the petition, notice of such petition shall be served by certified mail to: (a) the adult siblings if the petitioner is a parent, and adult children if the petitioner is a parent; (b) the mental hygiene legal service in the judicial department where the facility, as defined in subdivision (a) of section 47.01 of the mental hygiene law, is located if the mentally retarded or developmentally disabled person resides in such a facility; (c) in all cases, to the director in charge of a facility licensed or operated by an agency of the state of New York, if the mentally retarded or developmentally disabled person resides in such facility; (d) one other person if designated in writing by the mentally retarded or developmentally disabled person; and (e) such other persons as the court may deem proper. 3. No process or notice shall be necessary to a parent, adult child, adult sibling, or spouse of the mentally retarded or developmentally disabled person who has been declared by a court as being incompetent. In addition, no process or notice shall be necessary to a spouse who is divorced from the mentally retarded or developmentally disabled person, and to a parent, adult child, adult sibling when it shall appear to the satisfaction of the court that such person or persons have abandoned the mentally retarded or developmentally disabled person. S 1754. Hearing and trial 1. Upon a petition for the appointment of a guardian of a mentally retarded or developmentally disabled person eighteen years of age or older, the court shall conduct a hearing at which such person shall have the right to jury trial. The right to a jury trial shall be deemed waived by failure to make a demand therefor. The court may in its discretion dispense with a hearing for the appointment of a guardian, and may in its discretion appoint a guardian ad litem, or the mental hygiene legal service if such person is a resident of a mental hygiene facility as defined in subdivision (a) of section 47.01 of the mental hygiene law, to recommend whether the appointment of a guardian as proposed in the application is in the best interest of the mentally retarded or developmentally disabled person, provided however, that such application has been made by: (a) both parents or the survivor; or (b) one parent and the consent of the other parent; or (c) any interested party and the consent of each parent. 2. When it shall appear to the satisfaction of the court that a parent or parents not joining in or consenting to the application have abandoned the mentally retarded or developmentally disabled person or are not otherwise required to receive notice, the court may dispense with such parent`s consent in determining the need to conduct a hearing for a person under the age of eighteen. However, if the consent of both parents or the surviving parent is dispensed with by the court, a hearing shall be held on the application. 3. If a hearing is conducted, the mentally retarded or developmentally disabled person shall be present unless it shall appear to the satisfaction of the court on the certification of the certifying physician that the mentally retarded or developmentally disabled person is medically incapable of being present to the extent that attendance is likely to result in physical harm to such mentally retarded or developmentally disabled person, or under such other circumstances which the court finds would not be in the best interest of the mentally retarded or developmentally disabled person. 4. If either a hearing is dispensed with pursuant to subdivisions one and two of this section or the mentally retarded or developmentally disabled person is not present at the hearing pursuant to subdivision three of this section, the court may appoint a guardian ad litem if no mental hygiene legal service attorney is authorized to act on behalf of the mentally retarded or developmentally disabled person. The guardian ad litem or mental hygiene legal service attorney, if appointed, shall personally interview the mentally retarded or developmentally disabled person and shall submit a written report to the court. 5. If, upon conclusion of such hearing or jury trial or if none be held upon the application, the court is satisfied that the best interests of the mentally retarded or developmentally disabled person will be promoted by the appointment of a guardian of the person or property, or both, it shall make a decree naming such person or persons to serve as such guardians. S 1755. Modification order Any mentally retarded or developmentally disabled person eighteen years of age or older, or any person on behalf of any mentally retarded or developmentally disabled person for whom a guardian has been appointed, may apply to the court having jurisdiction over the guardianship order requesting modification of such order in order to protect the mentally retarded or developmentally disabled person`s financial situation and/or his or her personal interests. The court may, upon receipt of any such request to modify the guardianship order, appoint a guardian ad litem. The court shall so modify the guardianship order if in its judgment the interests of the guardian are adverse to those of the mentally retarded or developmentally disabled person or if the interests of justice will be best served including, but not limited to, facts showing the necessity for protecting the personal and/or financial interests of the mentally retarded or developmentally disabled person. S 1756. Limited guardian of the property When it shall appear to the satisfaction of the court that such mentally retarded or developmentally disabled person for whom an application for guardianship is made is eighteen years of age or older and is wholly or substantially self-supporting by means of his or her wages or earnings from employment, the court is authorized and empowered to appoint a limited guardian of the property of such mentally retarded or developmentally disabled person who shall receive, manage, disburse and account for only such property of said mentally retarded or developmentally disabled person as shall be received from other than the wages or earnings of said person. The mentally retarded or developmentally disabled person for whom a limited guardian of the property has been appointed shall have the right to receive and expend any and all wages or other earnings of his or her employment and shall have the power to contract or legally bind himself or herself for such sum of money not exceeding one month`s wages or earnings from such employment or three hundred dollars, whichever is greater, or as otherwise authorized by the court. S 1757. Standby guardian of a mentally retarded or developmentally disabled person 1. Upon application, a standby guardian of the person or property or both of a mentally retarded or developmentally disabled person may be appointed by the court. The court may also, upon application, appoint an alternate and/or successive alternates to such standby guardian, to act if such standby guardian shall die, or become incapacitated, or shall renounce. Such appointments by the court shall be made in accordance with the provisions of this article. 2. Such standby guardian, or alternate in the event of such such standby guardian`s death, incapacity or renunciation, shall without further proceedings be empowered to assume the duties of his or her office immediately upon death, renunciation or adjudication of incompetency of the guardian or standby guardian appointed pursuant to this article, subject only to confirmation of his or her appointment by the court within sixty days following assumption of his or her duties of such office. Before confirming the appointment of the standby guardian or alternate guardian, the court may conduct a hearing pursuant to section seventeen hundred fifty-four of this article upon petition by anyone on behalf of the mentally retarded or developmentally disabled person or the mentally retarded or developmentally disabled person if such person is eighteen years of age or older, or upon its discretion. S 1758. Court jurisdiction After the appointment of a guardian, standby guardian or alternate guardians, the court shall have and retain general jurisdiction over the mentally retarded or developmentally disabled person for whom such guardian shall have been appointed, to take of its own motion or to entertain and adjudicate such steps and proceedings relating to such guardian, standby, or alternate guardianship as may be deemed necessary or proper for the welfare of such mentally retarded or developmentally disabled person. S 1759. Duration of guardianship 1. Such guardianship shall not terminate at the age of majority or marriage of such mentally retarded or developmentally disabled person but shall continue during the life of such person, or until terminated by the court. 2. A person eighteen years or older for whom such a guardian has been previously appointed or anyone, including the guardian, on behalf of a mentally retarded or developmentally disabled person for whom a guardian has been appointed may petition the court which made such appointment or the court in his or her county of residence to have the guardian discharged and a successor appointed, or to have the guardian of the property designated as a limited guardian of the property, or to have the guardianship order modified, dissolved or otherwise amended. Upon such a petition for review, the court shall conduct a hearing pursuant to section seventeen hundred fifty-four of this article. 3. Upon marriage of such mentally retarded or developmentally disabled person for whom such a guardian has been appointed, the court shall, upon request of the mentally retarded or developmentally disabled person, spouse, or any other person acting on behalf of the mentally retarded or developmentally disabled person, review the need, if any, to modify, dissolve or otherwise amend the guardianship order including, but not limited to, the appointment of the spouse as standby guardian. The court, in its discretion, may conduct such review pursuant to section seventeen hundred fifty-four of this article. S 1760. Corporate guardianship No corporation may be appointed guardian of the person under the provisions of this article, except that a non-profit corporation organized and existing under the laws of the state of New York and having the corporate power to act as guardian of mentally retarded or developmentally disabled persons may be appointed as the guardian of the person only of such mentally retarded or developmentally disabled person. S 1761. Application of other provisions To the extent that the context thereof shall admit, the provisions of article seventeen of this act shall apply to all proceedings under this article with the same force and affect as if an "infant", as therein referred to, were a "mentally retarded" or "developmentally disabled person" as herein defined, and a "guardian" as therein referred to were a "guardian of the mentally retarded person" or a "guardian of a developmentally disabled person" as herein provided for.