N.Y. MHY Law § 81.33
This is the official text of N.Y. MHY Law § 81.33, part of New York’s MHY Law — part of the compiled statutory law of New York, published by the state as "MHY Law." Browse the sections below, each linked to its official government source.
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Intermediate and final report
Official statutory text
§ 81.33 Intermediate and final report.\n (a) A guardian may move in the court of his or her appointment for an\norder permitting him or her to render an intermediate report to the date\nof the filing thereof in a form prescribed by the court which shall\ninclude the same information as is required under section 81.31 of this\narticle provided, however, that if the incapacitated person has died the\nreport need not include information otherwise required in paragraphs\nfive and six of subdivision (b) of section 81.31 of this article. The\ncourt may order the report to be filed with the clerk of the court on or\nbefore a fixed date.\n (b) When a guardian dies or is removed, suspended, discharged pursuant\nto the provisions of this article, or allowed to resign, the court shall\norder a final report in a form prescribed by the court which shall\ninclude the same information as is required under section 81.31 of this\narticle provided, however, that if the incapacitated person has died the\nreport need not include information otherwise required in paragraphs\nfive and six of subdivision (b) of section 81.31 of this article. When\nsuch a report has been made in the course of a proceeding to remove a\nguardian, the court may dispense with a further report.\n (c) Notice of the filing of a report under this section shall be\nserved upon the persons entitled to notice pursuant to paragraph three\nof subdivision (c) of section 81.16 of this article. If the\nincapacitated person is deceased, notice shall also be served upon his\nor her executor or administrator, if any.\n (d) The court may appoint counsel for the incapacitated person, if\nliving, for the protection of such person's rights and interests with\nregard to such report. The court may appoint a referee to hear the\nmatter and report to the court.\n (e) Upon the motion for a confirmation of the report of the referee,\nor if the report is made before the court, upon the court's\ndetermination, the report shall be judicially approved and filed. The\ncompensation of the referee and of counsel shall be fixed by the court\nand shall be payable out of the estate of the incapacitated person\nunless it is determined that the incapacitated person is indigent.\n (f) If the incapacitated person resides in a facility, a copy of a\nreport under this section shall be served upon the chief executive\nofficer in charge of that facility and upon the mental hygiene legal\nservice of the judicial department in which the residence is located.\n
Status: in_force · Read it on the official government site
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