New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
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 court order;
2. a guardian shall exercise the utmost care and diligence when acting
on behalf of the incapacitated person;
3. a guardian shall exhibit the utmost degree of trust, loyalty and
fidelity in relation to the incapacitated person;
4. a guardian shall file an initial and annual reports in accordance
with sections 81.30 and 81.31 of this article;
5. a guardian shall visit the incapacitated person not less than four
times a year or more frequently as specified in the court order;
6. a guardian who is given authority with respect to property
management for the incapacitated person shall:
(i) afford the incapacitated person the greatest amount of
independence and self-determination with respect to property management
in light of that person's functional level, understanding and
appreciation of his or her functional limitations, and personal wishes,
preferences and desires with regard to managing the activities of daily
living;
(ii) preserve, protect, and account for such property and financial
resources faithfully;
(iii) determine whether the incapacitated person has executed a will,
determine the location of any will, and the appropriate persons to be
notified in the event of the death of the incapacitated person and, in
the event of the death of the incapacitated person, notify those
persons;
(iv) use the property and financial resources and income available
therefrom to maintain and support the incapacitated person, and to
maintain and support those persons dependent upon the incapacitated
person;
(v) at the termination of the appointment, deliver such property to
the person legally entitled to it;
(vi) file with the recording officer of the county wherein the
incapacitated person is possessed of real property, an acknowledged
statement to be recorded and indexed under the name of the incapacitated
person identifying the real property possessed by the incapacitated
person, and the tax map numbers of the property, and stating the date of
adjudication of incapacity of the person regarding property management,
and the name, address, and telephone number of the guardian and the
guardian's surety; and
(vii) perform all other duties required by law.
7. a guardian who is given authority relating to the personal needs of
the incapacitated person shall afford the incapacitated person the
greatest amount of independence and self-determination with respect to
personal needs in light of that person's functional level, understanding
and appreciation of that person's functional limitations, and personal
wishes, preferences and desires with regard to managing the activities
of daily living.

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