NY Ment Hygiene L § 81.07 (2021)
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 81.07 - Notice.

§ 81.07 Notice.  (a)  Proceeding.  A  proceeding  under this article shall be commenced upon the filing of the petition.  (b) Order to show cause. Upon the filing of the  petition,  the  court shall:   1. set the date on which the order to show cause is heard no more than twenty-eight  days  from  the  date  of the signing of the order to show cause. The court  may  for  good  cause  shown  set  a  date  less  than twenty-eight  days  from  the  date  of the signing of the order to show cause. The date of the hearing may be  adjourned  only  for  good  cause shown;   2. include in the order to show cause the name, address, and telephone number  of  the  person  appointed as court evaluator in accordance with section 81.09 of this article;   3. require the order to show cause to be served together with  a  copy of the petition and any supporting papers upon the alleged incapacitated person,  the  court evaluator, and counsel for the alleged incapacitated person in the form and manner prescribed  in  this  section;  the  court shall  not  require  that supporting papers contain medical information; and   4. require notice of the proceeding together with a copy of the  order to  show cause to be given to the persons identified in paragraph one of subdivision (e) of this section and in the form and manner prescribed in this section.  (c) Form of the order to show cause. The order to show cause shall  be written  in  large type, in plain language, and in a language other than English if necessary to inform the person alleged to be incapacitated of his or her rights, and shall include the following information:   1. date, time, and place of the hearing of the petition;   2. a clear and easily readable statement of the rights of  the  person alleged  to be incapacitated that are set forth in section 81.11 of this article;   3. the name, address, and telephone number of the person appointed  as court evaluator pursuant to section 81.09 of this article;   4.  the name, address, and telephone number of the attorney if one has been appointed for the person alleged to be  incapacitated  pursuant  to section 81.10 of this article; and   5. a list of the powers which the guardian would have the authority to exercise  on  behalf  of  the  person alleged to be incapacitated if the relief sought in the petition is granted.  (d) Legend. The order to show cause shall also include on its face the following legend in twelve point or larger bold face double spaced type:                                  IMPORTANT    An application has been filed in court by  ____________  who  believes you  may  be  unable  to  take  care of your personal needs or financial affairs.  ______ is asking that someone be appointed to  make  decisions for  you.    With  this  paper is a copy of the application to the court showing why ______________ believes you may be unable to  take  care  of your  personal  needs  or  financial affairs. Before the court makes the appointment of someone to make decisions  for  you  the  court  holds  a hearing at which you are entitled to be present and to tell the judge if you  do  not  want anyone appointed. This paper tells you when the court hearing will take place. If you do not appear in court, your rights  may be seriously affected.   You  have the right to demand a trial by jury. You must tell the court if you wish to have a trial by jury. If you do not tell the  court,  the  hearing  will  be  conducted  without  a jury. The name and address, and telephone number of the clerk of the court are:   The  court  has appointed a court evaluator to explain this proceeding to you and to investigate the claims made in the application. The  court may  give  the  court  evaluator  permission  to  inspect  your medical, psychological, or psychiatric records. You have the right  to  tell  the judge  if  you  do  not  want  the  court  evaluator  to  be  given that permission. The court evaluator's name, address,  and  telephone  number are:   You are entitled to have a lawyer of your choice represent you. If you want  the  court  to appoint a lawyer to help you and represent you, the court will appoint a lawyer for you. You will be required  to  pay  that lawyer unless you do not have the money to do so.  (e) Service of the order to show cause.   1.  The  persons  entitled to service of the order to show cause shall include:  (i) the person alleged to be incapacitated; and  (ii) the attorney for the person alleged to be incapacitated, if known to the petitioner; and  (iii) the court evaluator.   2. Manner of service.  (i) the order to show cause and  a  copy  of  the  petition  shall  be personally  delivered to the person alleged to be incapacitated not less than fourteen days prior to the hearing date of the order to show cause. However, the court may direct that the order to show cause and a copy of the petition be served on the person alleged to be  incapacitated  in  a manner  other than personal delivery when the petitioner demonstrates to the court's satisfaction that the person alleged to be incapacitated has refused to accept service.  (ii) the order to show cause and a  copy  of  the  petition  shall  be served  upon  the  court  evaluator  and  the  attorney  for the alleged incapacitated person, if there is one, by  facsimile,  provided  that  a facsimile  telephone  number  is  designated  by  the  attorney for that purpose, or by delivering the papers personally or by overnight delivery service to the office of the court evaluator and the  attorney  for  the alleged  incapacitated  person,  if  there is one, within three business days  following  the  appointment  of  the  court  evaluator   and   the appointment of the attorney or the appearance of an attorney retained by the alleged incapacitated person.   3.  The court may direct that the order to show cause be served within a time period less than the period required in  paragraph  two  of  this subdivision for good cause shown.  (f) Form of the notice of the proceeding. The notice of the proceeding shall substantially set forth:   1.  The  name  and address of the alleged incapacitated person to whom the guardianship proceeding relates;   2. The name and address of the petitioner;   3. The names of all persons to be given notice of the proceeding;   4. The time when and the place where the order to show cause shall  be heard;   5. The object of the proceeding and the relief sought in the petition;   6.  The  name,  address  and  telephone  number  of  the  petitioner's attorney.  (g) Notice of the proceeding.   1. Persons entitled to notice of the proceeding shall include:  (i) the following persons, other than the petitioner, who are known to the petitioner or whose existence and address can be ascertained by  the petitioner  with  reasonably  diligent efforts: the spouse of the person  alleged to be incapacitated, if any; the parents of the  person  alleged to be incapacitated, if living; the adult children of the person alleged to be incapacitated, if any; the adult siblings of the person alleged to be incapacitated, if any; the person or persons with whom person alleged to be incapacitated resides; and  (ii)  in  the  event  no  person  listed  in  subparagraph (i) of this paragraph is given notice, then notice shall be given to  at  least  one and not more than three of the living relatives of the person alleged to be  incapacitated  in the nearest degree of kinship who are known to the petitioner or whose existence and address  can  be  ascertained  by  the petitioner with reasonably diligent efforts; and  (iii)  any  person  or persons designated by the alleged incapacitated person with authority pursuant to sections 5-1501, 5-1505, and 5-1506 of the general obligations law, or sections two thousand nine hundred  five and  two  thousand  nine hundred eighty-one of the public health law, if known to the petitioner; and  (iv) if known to the petitioner, any person, whether or not a relative of the person alleged to be  incapacitated,  or  organization  that  has demonstrated  a  genuine interest in promoting the best interests of the person alleged  to  be  incapacitated  such  as  by  having  a  personal relationship   with  the  person,  regularly  visiting  the  person,  or regularly communicating with the person; and  (v) if it is known to the petitioner that the  person  alleged  to  be incapacitated  receives  public  assistance or protective services under article nine-B of the social  services  law,  the  local  department  of social services; and  (vi)  if the person alleged to be incapacitated resides in a facility, the chief executive officer in charge of the facility; and  (vii) if the person alleged to be incapacitated resides  in  a  mental hygiene  facility,  the  mental  hygiene  legal  service of the judicial department in which the residence is located; and  (viii) such other persons  as  the  court  may  direct  based  on  the recommendation  of  the  court evaluator in accordance with subparagraph (xvii) of paragraph five of subdivision (c) of  section  81.09  of  this article.   2.  Notice of the proceeding together with a copy of the order to show cause shall be mailed to the persons identified in paragraph one of this subdivision not less than fourteen days prior to the hearing date in the order to show cause.   3. The court may direct that the notice of proceeding be mailed within a time period less than the period required in  paragraph  two  of  this subdivision for good cause shown.