New York Mental Hygiene Article 81 - (81.01 - 81.44) Proceedings For Appointment Of A Guardian For Personal Needs Or Property Management

  • 81.01 - Legislative Findings And Purpose.
    81.01 Legislative findings and purpose. The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique...
  • 81.02 - Power To Appoint A Guardian Of The Person And/or Property; Standard For Appointment.
    81.02 Power to appoint a guardian of the person and/or property; standard for appointment. (a) The court may appoint a guardian for a person if...
  • 81.03 - Definitions.
    81.03 Definitions. When used in this article, (a) "guardian" means a person who is eighteen years of age or older, a corporation, or a public...
  • 81.04 - Jurisdiction.
    81.04 Jurisdiction. (a) If after a hearing or trial in accordance with the provisions of this article it is determined that relief under this article...
  • 81.05 - Venue.
    81.05 Venue. (a) A proceeding under this article shall be brought in the supreme court within the judicial district, or in the county court of...
  • 81.06 - Who May Commence A Proceeding.
    81.06 Who may commence a proceeding. (a) A proceeding under this article shall be commenced by the filing of the petition with the court by:...
  • 81.07 - Notice.
    81.07 Notice. (a) Proceeding. A proceeding under this article shall be commenced upon the filing of the petition. (b) Order to show cause. Upon the...
  • 81.08 - Petition.
    81.08 Petition. (a) The petition shall be verified under oath and shall include the following information: 1. the name, age, address, and telephone number of...
  • 81.09 - Appointment Of Court Evaluator.
    81.09 Appointment of court evaluator. (a) At the time of the issuance of the order to show cause, the court shall appoint a court evaluator....
  • 81.10 - Counsel.
    81.10 Counsel. (a) Any person for whom relief under this article is sought shall have the right to choose and engage legal counsel of the...
  • 81.11 - Hearing.
    81.11 Hearing. (a) A determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made only after...
  • 81.12 - Burden And Quantum Of Proof.
    81.12 Burden and quantum of proof. (a) A determination that a person is incapacitated under the provisions of this article must be based on clear...
  • 81.13 - Timing Of Hearing.
    81.13 Timing of hearing. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all...
  • 81.14 - Record Of The Proceedings.
    81.14 Record of the proceedings. (a) A record of the proceedings shall be made in all cases. (b) The court shall not enter an order...
  • 81.15 - Findings.
    81.15 Findings. (a) Where the court determines that the person agrees to the appointment and that the appointment is necessary, the court shall make the...
  • 81.16 - Dispositional Alternatives.
    81.16 Dispositional alternatives. (a) Dismissal of the petition. If the person alleged to be incapacitated under this article is found not to be incapacitated, the...
  • 81.17 - Nomination Of Guardian.
    81.17 Nomination of guardian. In the petition, or in a written instrument duly executed, acknowledged, and filed in the proceeding before the appointment of a...
  • 81.18 - Foreign Guardian For A Person Not Present In The State.
    81.18 Foreign guardian for a person not present in the state. Where the person alleged to be incapacitated is not present in the state and...
  • 81.19 - Eligibility As Guardian.
    81.19 Eligibility as guardian. (a) 1. Any individual over eighteen years of age, or any parent under eighteen years of age, who is found by...
  • 81.20 - Duties Of Guardian.
    81.20 Duties of guardian. (a) Duties of guardian generally. 1. a guardian shall exercise only those powers that the guardian is authorized to exercise by...
  • 81.21 - Powers Of Guardian; Property Management.
    81.21 Powers of guardian; property management. (a) Consistent with the functional limitations of the incapacitated person, that person's understanding and appreciation of the harm that...
  • 81.22 - Powers Of Guardian; Personal Needs.
    81.22 Powers of guardian; personal needs. (a) Consistent with the functional limitations of the incapacitated person, that person's understanding and appreciation of the harm that...
  • 81.23 - Provisional Remedies.
    81.23 Provisional remedies. (a) Temporary guardian. 1. At the commencement of the proceeding or at any subsequent stage of the proceeding prior to the appointment...
  • 81.24 - Notice Of Pendency.
    81.24 Notice of pendency. The petitioner shall, prior to judgment, file a notice of pendency if real property or any interest therein is or may...
  • 81.25 - Filing Of Bond By Guardian.
    81.25 Filing of bond by guardian. (a) Before the guardian, or special guardian appointed under this article, or a trustee of a trust created pursuant...
  • 81.26 - Designation Of Clerk To Receive Process.
    81.26 Designation of clerk to receive process. No commission shall issue nor shall any order which in itself constitutes a commission become effective until an...
  • 81.27 - Commission To Guardian.
    81.27 Commission to guardian. Within five days after the guardian has filed a designation under section 81.26 of this article, and has filed a bond...
  • 81.28 - Compensation Of Guardian.
    81.28 Compensation of guardian. (a) The court shall establish, and may from time to time modify, a plan for the reasonable compensation of the guardian...
  • 81.29 - Effect Of The Appointment On The Incapacitated Person.
    81.29 Effect of the appointment on the incapacitated person. (a) An incapacitated person for whom a guardian has been appointed retains all powers and rights...
  • 81.30 - Initial Report.
    81.30 Initial report. (a) No later than ninety days after the issuance of the commission to the guardian, the guardian shall file with the court...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 81.38 - Vacancy In Office.
    81.38 Vacancy in office. (a) Interim guardian. A vacancy created by the death, removal, discharge, resignation, or suspension of a guardian shall be filled by...
  • 81.39 - Guardian Education Requirements.
    81.39 Guardian education requirements. (a) Each incapacitated person is entitled to a guardian whom the court finds to be sufficiently capable of performing the duties...
  • 81.40 - Court Evaluator Education Requirements.
    81.40 Court evaluator education requirements. (a) Each incapacitated person is entitled to a court evaluator whom the court finds to be sufficiently capable of performing...
  • 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....
  • 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...
  • 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...
  • 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...

Last modified: September 11, 2016