Touro Law Review
Abstract
New York State Mental Hygiene Law Article 81 affords a population that is vulnerable to abuse and exploitation an opportunity to have their personal and/or property management needs met by the least restrictive means available, often entailing a severe deprivation of their rights.1 But what is meant by the term “least restrictive means available,” how is this determined, and how are these “means” implemented and monitored? Is this deprivation of an individual’s rights the only way they can be helped, or is this unnecessarily harmful? Are there other ways to protect the vulnerable in our society without taking away these rights, and what changes can be made? This article will discuss New York State Mental Hygiene Law Article 81 proceedings and how they impact the civil rights of the vulnerable population they were enacted to serve. This article will first discuss a brief legislative history of New York State Mental Hygiene Law Article 81 and the “least restrictive means” standard, followed by a more detailed description of Article 81 proceedings and its associated procedures in New York State. This article will then address specific civil rights that are comprised in New York State Mental Hygiene Law Article 81 proceedings and the repercussions that are incurred as a result. Finally, this article will discuss ideas for limiting the deprivation of rights, and introduce programs and current legislation that exist with the goal to reform the New York State Mental Hygiene Law Article 81 proceeding to better serve our vulnerable population.
Recommended Citation
Marino, Giulia R.
(2024)
"Mental Hygiene Law Article 81 Proceedings in New York State and the Associated Deprivation of One’s Civil Rights and Autonomy: Are We Really Helping?,"
Touro Law Review: Vol. 39:
No.
2, Article 7.
Available at:
https://digitalcommons.tourolaw.edu/lawreview/vol39/iss2/7
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