81.41 – Court Examiner Education Requirements.
§ 81.41 Court examiner education requirements. (a) Each incapacitated person is entitled to a thorough examination of all reports required to be filed by the guardian. (b) Each person appointed pursuant to section 81.32 of this article must complete a training program approved by the chief administrator which covers the legal duties and responsibilities of […]
81.42 – Compliance.
§ 81.42 Compliance. (a) A motion to dismiss based on the alleged failure to comply with any of the provisions of this article, other than subparagraph (i) of paragraph one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical mistakes, deficiencies, and omissions that do not result in […]
81.43 – Proceedings to Discover Property Withheld.
§ 81.43 Proceedings to discover property withheld. (a) To the extent that it is consistent with the authority otherwise granted by the court a guardian may commence a proceeding in the court which appointed the guardian to discover property withheld. The petition shall contain knowledge, or information and belief of any facts tending to show […]
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 […]
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 […]