New York Laws
Title E - General Provisions
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management

81.01 - Legislative Findings and Purpose. - The legislature hereby finds that the needs of persons with...

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...

81.03 - Definitions. - (a) "guardian" means a person who is eighteen years of...

81.04 - Jurisdiction. - (a) If after a hearing or trial in accordance with...

81.05 - Venue. - (a) A proceeding under this article shall be brought in...

81.06 - Who May Commence a Proceeding. - (a) A proceeding under this article shall be commenced by...

81.07 - Notice. - (a) Proceeding. A proceeding under this article shall be commenced...

81.08 - Petition. - (a) The petition shall be verified under oath and shall...

81.09 - Appointment of Court Evaluator. - (a) At the time of the issuance of the order...

81.10 - Counsel. - (a) Any person for whom relief under this article is...

81.11 - Hearing. - (a) A determination that the appointment of a guardian is...

81.12 - Burden and Quantum of Proof. - (a) A determination that a person is incapacitated under the...

81.13 - Timing of Hearing. - Unless the court, for good cause shown, orders otherwise, a...

81.14 - Record of the Proceedings. - (a) A record of the proceedings shall be made in...

81.15 - Findings. - (a) Where the court determines that the person agrees to...

81.16 - Dispositional Alternatives. - (a) Dismissal of the petition. If the person alleged to...

81.17 - Nomination of Guardian. - In the petition, or in a written instrument duly executed,...

81.18 - Foreign Guardian for a Person Not Present in the State. - Where the person alleged to be incapacitated is not present...

81.19 - Eligibility as Guardian. - (a) 1. Any individual over eighteen years of age, or...

81.20 - Duties of Guardian. - (a) Duties of guardian generally. 1. a guardian shall exercise...

81.21 - Powers of Guardian; Property Management. - (a) Consistent with the functional limitations of the incapacitated person,...

81.22 - Powers of Guardian; Personal Needs. - (a) Consistent with the functional limitations of the incapacitated person,...

81.23 - Provisional Remedies. - (a) Temporary guardian. 1. At the commencement of the proceeding...

81.24 - Notice of Pendency. - The petitioner shall, prior to judgment, file a notice of...

81.25 - Filing of Bond by Guardian. - (a) Before the guardian, or special guardian appointed under this...

81.26 - Designation of Clerk to Receive Process. - No commission shall issue nor shall any order which in...

81.27 - Commission to Guardian. - Within five days after the guardian has filed a designation...

81.28 - Compensation of Guardian. - (a) The court shall establish, and may from time to...

81.29 - Effect of the Appointment on the Incapacitated Person. - (a) An incapacitated person for whom a guardian has been...

81.30 - Initial Report. - (a) No later than ninety days after the issuance of...

81.31 - Annual Report. - (a) Filing of annual report. Every guardian shall file a...

81.32 - Examination of Initial and Annual Reports. - (a) Examination of reports generally. 1. Initial report. Within thirty...

81.33 - Intermediate and Final Report. - (a) A guardian may move in the court of his...

81.34 - Decree on Filing Instruments Approving Accounts. - (a) The guardian or the personal representative of the guardian...

81.35 - Removal of Guardian. - Upon motion, the court appointing a guardian may remove such...

81.36 - Discharge or Modification of Powers of Guardian. - (a) The court appointing the guardian shall discharge such guardian,...

81.37 - Resignation or Suspension of Powers of Guardian. - (a) The court appointing a guardian may allow the guardian...

81.38 - Vacancy in Office. - (a) Interim guardian. A vacancy created by the death, removal,...

81.39 - Guardian Education Requirements. - (a) Each incapacitated person is entitled to a guardian whom...

81.40 - Court Evaluator Education Requirements. - (a) Each incapacitated person is entitled to a court evaluator...

81.41 - Court Examiner Education Requirements. - (a) Each incapacitated person is entitled to a thorough examination...

81.42 - Compliance. - (a) A motion to dismiss based on the alleged failure...

81.43 - Proceedings to Discover Property Withheld. - (a) To the extent that it is consistent with the...

81.44 - Proceedings Upon the Death of an Incapicitated Person. - (a) When used in this section: 1. "Statement of death"...