N.Y. MHY Law § 81.32 — New York Code / Act MHY / Title E / Article 81 / Section 81.32
Examination of initial and annual reports
Status: in_force

§ 81.32 Examination of initial and annual reports.\n  (a) Examination of reports generally.\n  1. Initial report. Within thirty days of the filing of the initial\nreport, the initial report filed by a guardian under this article shall\nbe examined.\n  2. Annual examination. Within thirty days after the filing of the\nannual report of the preceding year, the annual reports filed by\nguardians under this article shall be examined to determine the\ncondition and care of the incapacitated person, the finances of the\nincapacitated person, and the manner in which the guardian has carried\nout his or her duties and exercised his or her powers.\n  (b) Examiners. The presiding justice of the appellate division in each\ndepartment, or a justice of the supreme court or a special referee\ndesignated by a majority of the justices of the appellate division in\neach department at the request of the presiding justice, shall examine,\nor cause to be examined by persons designated by the presiding justice\nor the justices as examiners, all such reports.\n  (c) Failure to report.\n  1. If a guardian fails to file his or her initial or annual report,\nthe person authorized to examine the report shall demand that the\nguardian file the report within fifteen days after the service of the\ndemand upon him or her. A copy of the demand shall be served upon the\nguardian or his or her resident agent by certified mail.\n  2. Upon failure to comply with such demand, the court, may upon the\nmotion of the court examiner, enter an order requiring compliance with\nthe demand and may deny or reduce the amount of the compensation of the\nguardian, or remove the guardian pursuant to section 81.35 of this\narticle absent a showing that the guardian has acted in good faith.\n  (d) Incomplete report.\n  1. If the person authorized to examine the report is of the opinion\nthat a more complete or satisfactory report should be filed, the person\nauthorized to examine the report shall demand that the guardian file a\nrevised report or proof of any item in the report. A copy of the demand\nshall be served upon the guardian or his or her resident agent by\ncertified mail.\n  2. Upon failure to comply with such demand, the court, may upon the\nmotion of the court examiner, enter an order requiring compliance with\nthe demand and may deny or reduce the amount of the compensation of the\nguardian, or remove the guardian pursuant to section 81.35 of this\narticle absent a showing that the guardian has acted in good faith.\n  (e) Duty of examiners. The person examining the report may examine the\nguardian and other witnesses under oath and reduce their testimony to\nwriting. The person examining the report, on five days notice to the\nguardian, shall file a report in the form and manner prescribed by the\norder appointing the examiner.\n  (f) Expenses of examination. The expenses of the examination shall be\npayable out of the estate of the incapacitated person examined if the\nestate amounts to five thousand dollars or more, or, if the estate\namounts to less than this sum, by the county treasurer of the county or,\nwithin the city of New York by the comptroller of the city of New York,\nout of any court funds in his or her hands.\n