New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
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 of a guardian, the court may,
upon showing of danger in the reasonably foreseeable future to the
health and well being of the alleged incapacitated person, or danger of
waste, misappropriation, or loss of the property of the alleged
incapacitated person, appoint a temporary guardian for a period not to
extend beyond the date of the issuance of the commission to a guardian
appointed pursuant to this article. The powers and duties of the
temporary guardian shall be specifically enumerated in the order of
appointment and are limited in the same manner as are the powers of a
guardian appointed pursuant to this article. Prior to the expiration of
the term of appointment, the temporary guardian shall report to the
court all actions taken pursuant to the order appointment. The court may
approve a reasonable compensation for the temporary guardian; however,
if the court finds that the temporary guardian has failed to discharge
his or her duties satisfactorily in any respect, the court may deny or
reduce the amount of compensation or remove the temporary guardian.
2. Notice of the appointment of the temporary guardian shall be given
to the person alleged to be incapacitated and to any person having
custody or control over the person or property of the person alleged to
be incapacitated in such manner as the court may prescribe.
3. The authority and responsibility of a temporary guardian begins
upon the issuance of the commission of temporary guardianship.
4. The court may require the temporary guardian to file a bond in
accordance with section 81.25 of this article.
(b) Injunction and temporary restraining order.
1. The court may, at any time prior to or after the appointment of a
guardian or at the time of the appointment of a guardian with or without
security, enjoin any person, other than the incapacitated person or the
person alleged to be incapacitated from selling, assigning, or from
disposing of property or confessing judgment which may become a lien on
property or receiving or arranging for another person to receive
property from the incapacitated person or the person alleged to be
incapacitated or doing or suffering to be done any act or omission
endangering the health, safety or welfare of the incapacitated person or
the person alleged to be incapacitated when an application under this
article seeks such an injunction and it satisfactorily appears from the
application, affidavits, and other proofs that a person has done, has
suffered to be done or omitted to do, or threatens to do or is about to
do an act that endangers the health, safety or welfare of the
incapacitated person or the person alleged to be incapacitated or has
acquired or is about to acquire any property from the incapacitated
person or person alleged to be incapacitated during the time of that
person's incapacity or alleged incapacity without adequate
consideration. Such order shall be made upon an order to show cause or
upon the initiative of the court and may, upon the application for the
appointment of a guardian, in the discretion of the court, be continued
for ten days after the appointment of a guardian. Notice of any
injunction shall be given to any person enjoined, to the incapacitated
person or the person alleged to be incapacitated, and to any person
having custody or control over the person or property of the
incapacitated person or the person alleged to be incapacitated in such
manner as the court may prescribe.
2. A temporary restraining order may be granted with or without
security when an application seeks an injunction under paragraph one of
this subdivision and where the court is satisfied that in the absence of

such restraining order, the property of the incapacitated person or
person alleged to be incapacitated would be dissipated to that person's
detriment or that the health, safety or welfare of the incapacitated
person or the person alleged to be incapacitated would be endangered.
Notice of the temporary restraining order shall be given to any person
restrained, to the incapacitated person or the person alleged to be
incapacitated, and to any person having custody or control over the
person or property of the incapacitated person or person alleged to be
incapacitated in such manner as the court may prescribe. Such temporary
restraining order shall neither be vacated nor modified except upon
notice to the petitioner and to each person required to receive notice
of the petition pursuant to paragraph one of subdivision (g) of section
81.07 of this article.
3. When the court is satisfied that the interest of the incapacitated
person or person alleged to be incapacitated would be appropriately
served, the court may provide in a temporary restraining order that such
temporary restraining order shall have the effect of:
(i) a restraining notice when served in a manner and upon such persons
as the court in its discretion shall deem appropriate;
(ii) conferring information subpoena power upon the attorney for the
petitioner when the court in its discretion shall deem appropriate.
4. Where such a temporary restraining order provides for a restraining
notice a person having custody or control over the person or property of
the incapacitated person or the person alleged to be incapacitated is
forbidden to make or suffer any sale, assignment, transfer or
interference with any property of the incapacitated person or the person
alleged to be incapacitated except pursuant to the order of the court.
5. Where such a temporary restraining order provides the petitioner's
attorney with information subpoena power, service of a copy of the order
together with an information subpoena shall require any person so
subpoenaed to provide petitioner's attorney with any information
concerning the financial affairs of the incapacitated person or the
person alleged to be incapacitated.

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