2021 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.30 - Initial Report.

§ 81.30 Initial report.
  (a)  No later than ninety days after the issuance of the commission to
the guardian, the guardian shall file with the court that appointed  the
guardian  a  report in a form prescribed by the court stating what steps
the guardian has taken to fulfill his or her responsibilities. Proof  of
completion of the guardian education requirements under section 81.39 of
this article must be filed with the initial report.
  (b)  To  the  extent  that  the  guardian has been granted powers with
respect to property management,  the  initial  report  shall  contain  a
verified  and complete inventory of the property and financial resources
over which the guardian has control, the location of any  will  executed
by  the  incapacitated  person, the guardian's plan, consistent with the
court's order of appointment, for the management of  such  property  and
financial  resources,  and  any  need  for  any  change  in  the  powers
authorized by the court.
  (c) To the extent that the guardian has been granted powers  regarding
personal  needs,  the  initial  report  shall  contain  a  report of the
guardian's personal visits with the incapacitated person, and the  steps
the  guardian  has  taken, consistent with the court's order, to provide
for the personal needs of that person, the guardian's  plan,  consistent
with  the  court's  order of appointment, for providing for the personal
needs  of  the  incapacitated  person,  a  copy  of  any  directives  in
accordance  with  sections  two thousand nine hundred sixty-five and two
thousand nine hundred eighty-one of the public health  law,  any  living
will,  and  any other advance directive, and any necessary change in the
powers authorized by the court. The plan for providing for the  personal
needs   of   the   incapacitated  person  shall  include  the  following
information:
  1. the medical, dental, mental health, or related services that are to
be provided for the welfare of the incapacitated person;
  2. the social and personal services that are to be  provided  for  the
welfare of the incapacitated person;
  3.  any  physical, dental, and mental health examinations necessary to
determine the medical, dental, and mental health treatment needs; and
  4. the application of health and  accident  insurance  and  any  other
private  or government benefits to which the incapacitated person may be
entitled to meet any part  of  the  costs  of  medical,  dental,  mental
health, or related services provided to the incapacitated person.
  (d)  If  the initial report sets forth any reasons for a change in the
powers authorized by the court, the guardian shall make  an  application
within  ten  days  of  the filing of the report on notice to the persons
entitled to such notice in accordance with paragraph one of  subdivision
(d)  of  section  81.07  of this article for such relief. If the initial
report sets forth any reasons for a change in the powers  authorized  by
the  court  and  the  guardian  fails to act under this subdivision, any
person entitled to commence a proceeding under this article may petition
the court for a change in such powers on notice to the guardian and  the
persons  entitled  to  such  notice  in accordance with paragraph one of
subdivision (d) of section 81.07 of this article for such relief.
  (e) The guardian shall send a  copy  of  the  initial  report  to  the
incapacitated  person by mail unless the court orders otherwise pursuant
to paragraph seven of subdivision (b) and paragraph nine of  subdivision
(c) of section 81.15 of this article.
  (f)  The guardian shall send a copy of the initial report to the court
evaluator and counsel for the incapacitated person at the  time  of  the
guardianship  proceeding  unless  the court orders otherwise pursuant to
paragraph seven of subdivision (b) and paragraph nine of subdivision (c)
of section 81.15 of this article.
  (g) The guardian shall send a copy of the initial report to the  court
examiner.
  (h)  If  the  incapacitated person resides in a facility, the guardian
shall send a duplicate of such report to the chief executive officer  of
that facility.
  (i)  If the incapacitated person resides in a mental hygiene facility,
the guardian shall send a duplicate of such report to the mental hygiene
legal service of the judicial  department  in  which  the  residence  is
located.