(a) If after a hearing or trial in accordance with the provisions of
this article it is determined that relief under this article is
necessary, the supreme court, and the county courts outside the city of
New York, shall have the power to provide the relief set forth in this
article:
1. for a resident of the state;
2. for a nonresident of the state present in the state;
3. for a nonresident of the state pursuant to section 81.18 of this
article.
(b) Notwithstanding the provisions of subdivision (a) of this section,
when it appears in any proceeding in the surrogate's court that a person
interested in an estate is entitled to money or property as a
beneficiary of the estate, or entitled to the proceeds of any action as
provided in section 5-4.1 of the estates, powers and trusts law, or to
the proceeds of a settlement of a cause of action brought on behalf of
an infant for personal injuries, and that the interested person is a
resident of, is physically present, or has any property in, the county
in which the proceeding is pending and is allegedly incapacitated with
respect to property management under the provisions of this article, and
the surrogate's court is satisfied after a hearing or trial in
accordance with the provisions of this article that the interested
person is incapacitated with respect to property management, the
surrogate's court shall have the power to order relief for that person
with respect to property management in accordance with the provisions of
this article.
Structure New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.01 - Legislative Findings and Purpose.
81.02 - Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.
81.06 - Who May Commence a Proceeding.
81.09 - Appointment of Court Evaluator.
81.12 - Burden and Quantum of Proof.
81.14 - Record of the Proceedings.
81.16 - Dispositional Alternatives.
81.17 - Nomination of Guardian.
81.18 - Foreign Guardian for a Person Not Present in the State.
81.19 - Eligibility as Guardian.
81.21 - Powers of Guardian; Property Management.
81.22 - Powers of Guardian; Personal Needs.
81.25 - Filing of Bond by Guardian.
81.26 - Designation of Clerk to Receive Process.
81.27 - Commission to Guardian.
81.28 - Compensation of Guardian.
81.29 - Effect of the Appointment on the Incapacitated Person.
81.32 - Examination of Initial and Annual Reports.
81.33 - Intermediate and Final Report.
81.34 - Decree on Filing Instruments Approving Accounts.
81.36 - Discharge or Modification of Powers of Guardian.
81.37 - Resignation or Suspension of Powers of Guardian.
81.39 - Guardian Education Requirements.
81.40 - Court Evaluator Education Requirements.
81.41 - Court Examiner Education Requirements.
81.43 - Proceedings to Discover Property Withheld.
81.44 - Proceedings Upon the Death of an Incapicitated Person.