N.Y. MHY Law § 81.30 — New York Code / Act MHY / Title E / Article 81 / Section 81.30
Initial report
Status: in_force

§ 81.30 Initial report.\n  (a) No later than ninety days after the issuance of the commission to\nthe guardian, the guardian shall file with the court that appointed the\nguardian a report in a form prescribed by the court stating what steps\nthe guardian has taken to fulfill his or her responsibilities. Proof of\ncompletion of the guardian education requirements under section 81.39 of\nthis article must be filed with the initial report.\n  (b) To the extent that the guardian has been granted powers with\nrespect to property management, the initial report shall contain a\nverified and complete inventory of the property and financial resources\nover which the guardian has control, the location of any will executed\nby the incapacitated person, the guardian's plan, consistent with the\ncourt's order of appointment, for the management of such property and\nfinancial resources, and any need for any change in the powers\nauthorized by the court.\n  (c) To the extent that the guardian has been granted powers regarding\npersonal needs, the initial report shall contain a report of the\nguardian's personal visits with the incapacitated person, and the steps\nthe guardian has taken, consistent with the court's order, to provide\nfor the personal needs of that person, the guardian's plan, consistent\nwith the court's order of appointment, for providing for the personal\nneeds of the incapacitated person, a copy of any directives in\naccordance with sections two thousand nine hundred sixty-five and two\nthousand nine hundred eighty-one of the public health law, any living\nwill, and any other advance directive, and any necessary change in the\npowers authorized by the court. The plan for providing for the personal\nneeds of the incapacitated person shall include the following\ninformation:\n  1. the medical, dental, mental health, or related services that are to\nbe provided for the welfare of the incapacitated person;\n  2. the social and personal services that are to be provided for the\nwelfare of the incapacitated person;\n  3. any physical, dental, and mental health examinations necessary to\ndetermine the medical, dental, and mental health treatment needs; and\n  4. the application of health and accident insurance and any other\nprivate or government benefits to which the incapacitated person may be\nentitled to meet any part of the costs of medical, dental, mental\nhealth, or related services provided to the incapacitated person.\n  (d) If the initial 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 one of subdivision\n(d) of section 81.07 of this article for such relief. If the initial\nreport sets forth any reasons for a change in the powers authorized by\nthe court and the guardian fails to act under this subdivision, any\nperson entitled to commence a proceeding under this article may petition\nthe court for a change in such powers on notice to the guardian and the\npersons entitled to such notice in accordance with paragraph one of\nsubdivision (d) of section 81.07 of this article for such relief.\n  (e) The guardian shall send a copy of the initial 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.\n  (f) The guardian shall send a copy of the initial report to the court\nevaluator and counsel for the incapacitated person at the time of the\nguardianship proceeding unless the court orders otherwise pursuant to\nparagraph seven of subdivision (b) and paragraph nine of subdivision (c)\nof section 81.15 of this article.\n  (g) The guardian shall send a copy of the initial report to the court\nexaminer.\n  (h) If the incapacitated person resides in a facility, the guardian\nshall send a duplicate of such report to the chief executive officer of\nthat facility.\n  (i) If the incapacitated person resides in a mental hygiene facility,\nthe guardian shall send a duplicate of such report to the mental hygiene\nlegal service of the judicial department in which the residence is\nlocated.\n