New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
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 actual prejudice that affects the
integrity of the proceeding.
(b) A judgment or order made pursuant to this article, unless reversed
on appeal, releases the guardian and the sureties from all claims of the
incapacitated person and/or any person affected thereby based on any act
or omission directly authorized, approved or confirmed in the judgment
or order. This section does not apply where the judgment or order is
obtained by fraud or conspiracy or by misrepresentation contained in the
notice, petition, account, or in the judgment or order as to any
material fact. For purposes of this subdivision, misrepresentation of a
material fact includes but is not limited to the omission of a material
fact.

Structure New York Laws

New York Laws

MHY - Mental Hygiene

Title E - General Provisions

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.

81.03 - Definitions.

81.04 - Jurisdiction.

81.05 - Venue.

81.06 - Who May Commence a Proceeding.

81.07 - Notice.

81.08 - Petition.

81.09 - Appointment of Court Evaluator.

81.10 - Counsel.

81.11 - Hearing.

81.12 - Burden and Quantum of Proof.

81.13 - Timing of Hearing.

81.14 - Record of the Proceedings.

81.15 - Findings.

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.

81.20 - Duties of Guardian.

81.21 - Powers of Guardian; Property Management.

81.22 - Powers of Guardian; Personal Needs.

81.23 - Provisional Remedies.

81.24 - Notice of Pendency.

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.

81.30 - Initial Report.

81.31 - Annual Report.

81.32 - Examination of Initial and Annual Reports.

81.33 - Intermediate and Final Report.

81.34 - Decree on Filing Instruments Approving Accounts.

81.35 - Removal of Guardian.

81.36 - Discharge or Modification of Powers of Guardian.

81.37 - Resignation or Suspension of Powers of Guardian.

81.38 - Vacancy in Office.

81.39 - Guardian Education Requirements.

81.40 - Court Evaluator Education Requirements.

81.41 - Court Examiner Education Requirements.

81.42 - Compliance.

81.43 - Proceedings to Discover Property Withheld.

81.44 - Proceedings Upon the Death of an Incapicitated Person.