N.Y. MHY Law § 81.31 — New York Code / Act MHY / Title E / Article 81 / Section 81.31
Annual report
Status: in_force

§ 81.31 Annual report.\n  (a) Filing of annual report. Every guardian shall file a report\nannually in the month of May, or at any other time upon motion or order\nof the court.\n  (b) The report shall be in a form prescribed by the court and shall\ninclude the following information:\n  1. the present address and telephone number of the guardian.\n  2. the present address, and telephone number of the incapacitated\nperson; if the place of residence of the incapacitated person is not his\nor her personal home, the name, address, and telephone number of the\nfacility or place at which the person resides and the name of the chief\nexecutive officer of the facility or person otherwise responsible for\nthe person's care.\n  3. any major changes in the physical or mental condition of the\nincapacitated person and any substantial change in medication.\n  4. the date that the incapacitated person was last examined or\notherwise seen by a physician and the purpose of that visit.\n  5. a statement by a physician, psychologist, nurse clinician, or\nsocial worker, or other person that has evaluated or examined the\nincapacitated person within the three months prior to the filing of the\nreport regarding an evaluation of the incapacitated person's condition\nand the current functional level of the incapacitated person.\n  6. to the extent the guardian is charged with providing for the\npersonal needs of the incapacitated person:\n  (i) a statement of whether the current residential setting is best\nsuited to the current needs of the incapacitated person;\n  (ii) a resume of any professional medical treatment given to the ward\nin the preceding year;\n  (iii) the plan for medical, dental, and mental health treatment, and\nrelated services in the coming year;\n  (iv) information concerning the social condition of the incapacitated\nperson, including: the social and personal services currently utilized\nby the incapacitated person; the social skills of the incapacitated\nperson; and the social needs of the incapacitated person.\n  7. to the extent the guardian is charged with property management,\ninformation required by the provisions of the surrogate's court\nprocedure act prescribing the form of papers to be filed upon the annual\naccounting of a general guardian of an infant's property.\n  8. where the guardian has used or employed the services of the\nincapacitated person or where moneys have been earned by or received on\nbehalf of such incapacitated person an accounting of any moneys earned\nor derived from such services.\n  9. a resume of any other activities performed by the guardian on\nbehalf of the incapacitated person.\n  10. facts indicating the need to terminate the appointment of the\nguardian, or for any alteration in the powers of the guardian and what\nspecific authority is requested or what specific authority of the\nguardian will be affected.\n  11. any other information which the guardian may be required to file\nby the order of appointment.\n  (c) The guardian shall send a copy of the annual report to the\nincapacitated person by mail unless the court orders otherwise pursuant\nto paragraph seven of subdivision (b) and paragraph nine of subdivision\n(c) of section 81.15 of this article, shall send a copy of the annual\nreport to the court examiner, and shall file a copy of the annual report\nas provided herein. If the incapacitated person resides in a facility,\nthe guardian shall send a duplicate of such report to the chief\nexecutive officer of that facility. If the incapacitated person resides\nin a mental hygiene facility, the guardian shall send a duplicate of\nsuch report to the mental hygiene legal service of the judicial\ndepartment in which the residence is located. If mental hygiene legal\nservice was appointed as court evaluator or as counsel for the\nincapacitated person at the time of the guardianship proceeding, the\nguardian shall send a duplicate of such report to the mental hygiene\nlegal service of the judicial department where venue of the guardianship\nproceeding was located if so ordered by the court.\n  (d) The report shall be filed in the office of the clerk of the court\nwhich appointed the guardian.\n  (e) If the annual report sets forth any reasons for a change in the\npowers authorized by the court, the guardian shall make an application\nwithin ten days of the filing of the report on notice to the persons\nentitled to such notice in accordance with paragraph three of\nsubdivision (c) of section 81.16 of this article for such relief. If the\nannual report sets forth any reasons for a change in the powers\nauthorized by the court, and the guardian fails to act in accordance\nwith this subdivision, any person entitled to commence a proceeding\nunder this article may petition the court for a change in such powers on\nnotice to the guardian and the persons entitled to such notice in\naccordance with paragraph three of subdivision (c) of section 81.16 of\nthis article for such relief.\n