81.44 – Proceedings Upon the Death of an Incapicitated Person.
§ 81.44 Proceedings upon the death of an incapacitated person. (a) When used in this section: 1. “Statement of death” means a statement, in writing and acknowledged, containing the caption and index number of the guardianship proceeding, and the name and address of the last residence of the deceased incapacitated person, the date and place […]
82.01 – Legislative Findings and Purpose.
* § 82.01 Legislative findings and purpose. (a) The legislature finds that a person’s right to make their own decisions is critical to their autonomy and self-determination. People with intellectual, developmental, cognitive and psychosocial disabilities are often denied that right because of stigma and outdated beliefs about their capability. This right is denied, despite the […]
82.02 – Definitions.
* § 82.02 Definitions. When used in this article, the following terms shall have the following meaning, unless the context or subject matter requires a different interpretation: (a) “abuse” encompasses physical abuse, sexual abuse, and emotional abuse, as defined in section four hundred seventy-three of the social services law. (b) “adult” means an individual eighteen […]
81.31 – Annual Report.
§ 81.31 Annual report. (a) Filing of annual report. Every guardian shall file a report annually in the month of May, or at any other time upon motion or order of the court. (b) The report shall be in a form prescribed by the court and shall include the following information: 1. the present address […]
81.32 – Examination of Initial and Annual Reports.
§ 81.32 Examination of initial and annual reports. (a) Examination of reports generally. 1. Initial report. Within thirty days of the filing of the initial report, the initial report filed by a guardian under this article shall be examined. 2. Annual examination. Within thirty days after the filing of the annual report of the preceding […]
81.33 – Intermediate and Final Report.
§ 81.33 Intermediate and final report. (a) A guardian may move in the court of his or her appointment for an order permitting him or her to render an intermediate report to the date of the filing thereof in a form prescribed by the court which shall include the same information as is required under […]
81.34 – Decree on Filing Instruments Approving Accounts.
§ 81.34 Decree on filing instruments approving accounts. (a) The guardian or the personal representative of the guardian may present to the court a petition showing the names and addresses of all persons entitled to receive notice pursuant to paragraph three of subdivision (c) of section 81.16 of this article and the personal representative of […]
81.35 – Removal of Guardian.
§ 81.35 Removal of guardian. Upon motion, the court appointing a guardian may remove such guardian when the guardian fails to comply with an order, is guilty of misconduct, or for any other cause which to the court shall appear just. Notice of motion shall be served on the guardian and persons entitled to receive […]
81.36 – Discharge or Modification of Powers of Guardian.
§ 81.36 Discharge or modification of powers of guardian. (a) The court appointing the guardian shall discharge such guardian, or modify the powers of the guardian where appropriate, if it appears to the satisfaction of the court that: 1. the incapacitated person has become able to exercise some or all of the powers necessary to […]
81.37 – Resignation or Suspension of Powers of Guardian.
§ 81.37 Resignation or suspension of powers of guardian. (a) The court appointing a guardian may allow the guardian to resign or may suspend the powers of the guardian. (b) Where a guardian is engaged in war service as defined in section seven hundred seventeen of the surrogate’s court procedure act, the court, upon motion […]