reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 81.24 (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 81.24 - Notice of Pendency.

§ 81.24 Notice of pendency.The  petitioner shall, prior to judgment, file a notice of pendency if   real property or any interest therein is  or  may  be  affected  by  the   proceeding.
NY Ment Hygiene L § 81.26 (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 81.26 - Designation of Clerk to Receive Process.

§ 81.26 Designation of clerk to receive process.No  commission  shall  issue  nor  shall  any  order  which  in itself   constitutes a commission become effective until an  instrument  executed   and  acknowledged  by  the guardian has been filed with the clerk of the   court designating the clerk and the clerk's successor  in  office  as  a   person  on  whom  service  of any process may be made in like manner and   with like effect as if it  were  served  personally  upon  the  guardian   whenever  the  guardian cannot, with due diligence, be served within the   state.
NY Ment Hygiene L § 81.27 (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 81.27 - Commission to Guardian.

§ 81.27 Commission to guardian.Within  five  days  after  the  guardian has filed a designation under   section 81.26 of this article, and has filed a bond in  accordance  with   the  provisions  of  section  81.25 of this article unless the court has   waived the filing of the bond or unless the  guardian's  appointment  is   pursuant  to section 81.23 of this article, the clerk of the court shall   issue a commission which shall state:1. the title of the proceeding and the name,  address,  and  telephone   number of the incapacitated person; and2.  the  name,  address,  and telephone number of the guardian and the   specific powers of such guardian; and3. the date when the appointment of the guardian was  ordered  by  the   court; and4.  the  date  on  which  the  appointment  terminates if one has been   ordered by the court.
NY Ment Hygiene L § 81.28 (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 81.28 - Compensation of Guardian.

§ 81.28 Compensation of guardian.  (a)  The  court  shall  establish, and may from time to time modify, a plan for the reasonable compensation of the guardian or  guardians.  The plan  for  compensation  of  such  guardian  must  take into account the specific authority of the guardian  or  guardians  to  provide  for  the personal  needs and/or property management for the incapacitated person, and the services provided to the incapacitated person by such guardian.  (b) If the court finds that the guardian has failed to  discharge  his or  her  duties  satisfactorily  in  any  respect, the court may deny or reduce the compensation which would otherwise be allowed.
NY Ment Hygiene L § 81.29 (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 81.29 - Effect of the Appointment on the Incapacitated Person.

§ 81.29 Effect of the appointment on the incapacitated person.  (a)  An  incapacitated  person  for whom a guardian has been appointed retains all powers and rights except those powers and rights  which  the guardian is granted.  (b)  Subject  to subdivision (a) of this section, the appointment of a guardian shall not be conclusive evidence that the person lacks capacity for any other purpose, including the capacity to dispose of property  by will.  (c)  The title to all property of the incapacitated person shall be in such person and not in the guardian. The property shall  be  subject  to the  possession  of the guardian and to the control of the court for the purposes of administration, sale or other disposition only to the extent directed by the court order appointing the guardian.  (d) If the court determines  that  the  person  is  incapacitated  and appoints  a  guardian,  the  court  may  modify,  amend,  or  revoke any previously executed appointment,  power,  or  delegation  under  section 5-1501,  5-1505, or 5-1506 of the general obligations law or section two thousand nine hundred sixty-five of the public health  law,  or  section two   thousand   nine  hundred  eighty-one  of  the  public  health  law notwithstanding section two thousand  nine  hundred  ninety-two  of  the public  health  law,  or any contract, conveyance, or disposition during lifetime or to take effect upon death, made by the incapacitated  person prior  to  the  appointment  of the guardian if the court finds that the previously   executed   appointment,   power,   delegation,    contract, conveyance, or disposition during lifetime or to take effect upon death, was  made  while the person was incapacitated or if the court determines that there has been  a  breach  of  fiduciary  duty  by  the  previously appointed  agent.  In such event, the court shall require that the agent account to the guardian. The court shall  not,  however,  invalidate  or revoke  a  will  or  a  codicil  of  an  incapacitated person during the lifetime of such person.
NY Ment Hygiene L § 81.33 (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 81.33 - Intermediate and Final Report.

§ 81.33 Intermediate and final report.  (a)  A guardian may move in the court of his or her appointment for an order permitting him or her to render an intermediate report to the date of the filing thereof in a form prescribed  by  the  court  which  shall include  the same information as is required under section 81.31 of this article provided, however, that if the incapacitated person has died the report need not include information  otherwise  required  in  paragraphs five  and  six  of subdivision (b) of section 81.31 of this article. The court may order the report to be filed with the clerk of the court on or before a fixed date.  (b) When a guardian dies or is removed, suspended, discharged pursuant to the provisions of this article, or allowed to resign, the court shall order a final report in a form  prescribed  by  the  court  which  shall include  the same information as is required under section 81.31 of this article provided, however, that if the incapacitated person has died the report need not include information  otherwise  required  in  paragraphs five  and  six of subdivision (b) of section 81.31 of this article. When such a report has been made in the course of a proceeding  to  remove  a guardian, the court may dispense with a further report.  (c)  Notice  of  the  filing  of  a report under this section shall be served upon the persons entitled to notice pursuant to  paragraph  three of   subdivision   (c)   of  section  81.16  of  this  article.  If  the incapacitated person is deceased, notice shall also be served  upon  his or her executor or administrator, if any.  (d)  The  court  may  appoint counsel for the incapacitated person, if living, for the protection of such person's rights  and  interests  with regard  to  such  report.  The  court  may appoint a referee to hear the matter and report to the court.  (e) Upon the motion for a confirmation of the report of  the  referee, or   if   the  report  is  made  before  the  court,  upon  the  court's determination, the report shall be judicially approved  and  filed.  The compensation  of  the referee and of counsel shall be fixed by the court and shall be payable out of  the  estate  of  the  incapacitated  person unless it is determined that the incapacitated person is indigent.  (f)  If  the  incapacitated  person resides in a facility, a copy of a report under this section shall  be  served  upon  the  chief  executive officer  in  charge  of  that facility and upon the mental hygiene legal service of the judicial department in which the residence is located.
NY Ment Hygiene L § 81.34 (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 81.34 - Decree on Filing Instruments Approving Accounts.

§ 81.34 Decree on filing instruments approving accounts.  (a)  The  guardian  or the personal representative of the guardian may present to the court a petition showing the names and addresses  of  all persons  entitled  to  receive  notice  pursuant  to  paragraph three of subdivision (c) of section  81.16  of  this  article  and  the  personal representative of the estate showing that, to the extent the guardian is responsible for the property of the incapacitated person, all taxes have been  paid  or  that  no taxes are due and that the petitioner has fully reported and has made full disclosure in writing of all  the  guardian's actions  affecting  the  property  of  the  incapacitated  person to all persons interested and seeking a decree releasing  and  discharging  the petitioner.  Upon the death of the incapacitated person, the guardian is authorized to pay the funeral expenses of the incapacitated person  and, in  the  absence  of  a  duly  appointed  personal representative of the estate, pay estimated estate and income tax charges, as  well  as  other charges of emergent nature.  (b)  The  petitioner shall also show that the incapacitated person has died or that the guardian has died, or has been removed,  suspended,  or discharged  pursuant  to  the  provisions of this article, or allowed to resign.  (c) The petitioner shall also  file  with  the  petition  acknowledged instruments  executed  by  all  persons  interested or in the case of an infant, or incapacitated person  whose  claim  has  been  paid,  by  the guardian,  or  guardian  receiving  payment, approving the report of the petitioner and releasing and discharging the petitioner.  (d) The court may thereupon make a decree  releasing  and  discharging the  petitioner  and  the  sureties on his or her bond, if any, from any further liability to the persons interested.
NY Ment Hygiene L § 81.35 (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 81.35 - Removal of Guardian.

§ 81.35 Removal of guardian.Upon  motion, the court appointing a guardian may remove such guardian   when  the  guardian  fails  to  comply  with  an  order,  is  guilty  of   misconduct, or for any other cause which to the court shall appear just.   Notice of motion shall be served on the guardian and persons entitled to   receive notice pursuant to paragraph three of subdivision (c) of section   81.16  of  this  article. The motion may be made by the person examining   initial and annual reports pursuant to section 81.32 of this article, or   by any person entitled to commence  a  proceeding  under  this  article,   including  the  incapacitated person. The court may fix the compensation   of any attorney or person prosecuting the  motion.  It  may  compel  the   guardian to pay personally the costs of the motion if granted.
NY Ment Hygiene L § 81.36 (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 81.36 - Discharge or Modification of Powers of Guardian.

§ 81.36 Discharge or modification of powers of guardian.  (a)  The  court appointing the guardian shall discharge such guardian, or modify the powers of the guardian where appropriate, if it appears to the satisfaction of the court that:   1. the incapacitated person has become able to exercise some or all of the  powers  necessary  to  provide  for  personal  needs  or   property management which the guardian is authorized to exercise;   2.  the  incapacitated  person  has  become  unable to exercise powers necessary to provide for personal needs or property management which the guardian is not authorized to exercise;   3. the incapacitated person has died; or   4. for some other reason, the appointment of the guardian is no longer necessary for the incapacitated person, or the powers  of  the  guardian should  be  modified  based  upon  changes  in  the circumstances of the incapacitated person.  (b) The application for relief under this section may be made  by  the guardian, the incapacitated person, or any person entitled to commence a proceeding under this article.  (c)  There  shall  be  a  hearing on notice to the persons entitled to notice pursuant to paragraph three of subdivision (c) of  section  81.16 of  this  article.  The court may for good cause shown dispense with the hearing provided that an order of modification increasing the powers  of the  guardian  shall set forth the factual basis for dispensing with the hearing. If the incapacitated person or his or  her  counsel  raises  an issue  of  fact as to the ability of the incapacitated person to provide for his or her personal needs or property management and demands a  jury trial of such issue, the court shall order a trial by jury thereof.  (d)  To  the  extent  that  relief  sought  under  this  section would terminate  the  guardianship  or   restore   certain   powers   to   the incapacitated  person,  the  burden  of  proof  shall  be  on the person objecting to such relief. To the extent that relief  sought  under  this section  would further limit the powers of the incapacitated person, the burden shall be on the person seeking such relief.  (e) If the guardian is discharged  because  the  incapacitated  person becomes  fully  able  to  care  for his or her property, the court shall order that there be restored to such person the  property  remaining  in the  hands  of  the  guardian.  If  the  incapacitated  person dies, the guardian shall provide for such person's burial or other disposition the cost of which shall be borne by the estate of the incapacitated person.
NY Ment Hygiene L § 81.37 (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 81.37 - Resignation or Suspension of Powers of Guardian.

§ 81.37 Resignation or suspension of powers of guardian.  (a)  The  court appointing a guardian may allow the guardian to resign or may suspend the powers of the guardian.  (b) Where a guardian is engaged in war service as defined  in  section seven  hundred  seventeen  of  the  surrogate's court procedure act, the court, upon motion by the guardian or any other  person  and  upon  such notice  as  the court may direct, may suspend the powers of the guardian until further order of the court. If the suspension will leave no  other person  acting  as  guardian, the motion shall seek the appointment of a successor. When the suspended guardian becomes able to serve, he or  she may  be reinstated by the court upon motion and such notice as the court may direct. If the suspended guardian is  reinstated,  the  court  shall thereupon  discharge  his  or  her  successor,  who  may  be required to account, and make any other order as justice requires.
NY Ment Hygiene L § 81.38 (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 81.38 - Vacancy in Office.

§ 81.38 Vacancy in office.  (a)  Interim  guardian.  A  vacancy  created  by  the  death, removal, discharge, resignation, or suspension of a guardian shall be  filled  by the  court.    Upon the application of any person entitled to commence a proceeding under this  article,  the  court  shall  appoint  an  interim guardian  who  shall  serve for a period of ninety days or until a final accounting is filed and a successor guardian is appointed by the  court. The  powers  and  duties  of  the interim guardian shall be specifically enumerated in the order of appointment. The court may require service of the order to show cause seeking the appointment of an  interim  guardian on any persons it deems appropriate.  (b)  Standby guardian. At the time of the appointment of the guardian, the court may in its discretion appoint a standby guardian to act in the event that the guardian  shall  resign,  die,  be  removed,  discharged, suspended,  or  become  incapacitated.  The  court  may  also appoint an alternate and/or successive alternates to the standby guardian,  to  act if  the  standby  guardian  shall  resign,  die, be removed, discharged, suspended, or  become  incapacitated.  Such  standby  guardian,  or  the alternate  in  the  event  of the standby guardian's resignation, death, removal, discharge, suspension  or  adjudication  of  incapacity,  shall without  further  proceedings  be  empowered  to  immediately assume the duties  of  office  immediately  upon   resignation,   death,   removal, discharge,  suspension or adjudication of incapacity, of the guardian or the standby guardian as set forth in the order of  appointment,  subject only  to  the  confirmation  of  appointment  by  the  court  sixty days following the assumption of the duties of the office. Before  confirming the  appointment  of a standby guardian, the court may conduct a hearing in accordance with the provisions set forth in  section  81.11  of  this article  upon  petition  of any person entitled to commence a proceeding under this article.
NY Ment Hygiene L § 81.39 (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 81.39 - Guardian Education Requirements.

§ 81.39 Guardian education requirements.  (a) Each incapacitated person is entitled to a guardian whom the court finds to be sufficiently capable of performing the duties and exercising the powers of a guardian necessary to protect the incapacitated person.  (b)  Each person appointed by the court to be a guardian must complete a training program approved by the chief administrator which covers:   1. the legal duties and responsibilities of the guardian;   2. the rights of the incapacitated person;   3. the available resources to aid the incapacitated person;   4. an orientation to medical terminology, particularly that related to the diagnostic and assessment procedures used to characterize the extent and reversibility of any impairment;   5. the preparation of annual reports, including  financial  accounting for the property and financial resources of the incapacitated person.  (c)  The  court  may,  in  its  discretion,  waive  some or all of the requirements of this section or impose additional requirements. In doing so, the court  shall  consider  the  experience  and  education  of  the guardian  with respect to the training requirements of this section, the duties and powers assigned  to  the  guardian,  and  the  needs  of  the incapacitated person.
NY Ment Hygiene L § 81.40 (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 81.40 - Court Evaluator Education Requirements.

§ 81.40 Court evaluator education requirements.  (a)  Each  incapacitated  person is entitled to a court evaluator whom the court finds to be sufficiently capable of performing the duties of a court evaluator necessary to ensure that all  the  relevant  information regarding  a petition for the appointment of a guardian comes before the court and to assist the court  in  reaching  a  decision  regarding  the appointment of a guardian.  (b)  Each  person  appointed  by  the  court  to  be an evaluator must complete a training program approved by the  chief  administrator  which covers:   1. the legal duties and responsibilities of the court evaluator;   2.  the  rights  of  the incapacitated person with emphasis on the due process rights to aid the court evaluator  in  determining  his  or  her recommendation  regarding  the appointment of counsel and the conduct of the hearing;   3. the available resources to aid the incapacitated person;   4. an orientation to medical terminology, particularly that related to the diagnostic and assessment procedures used to characterize the extent and reversibility of any impairment;   5. entitlements;   6. psychological and social concerns  relating  to  the  disabled  and frail older adults.  (c)  The  court  may,  in  its  discretion,  waive  some or all of the requirements of this section or impose additional requirements. In doing so, the court shall consider the experience and education of  the  court evaluator with respect to the training requirements of this section.
NY Ment Hygiene L § 81.41 (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 81.41 - Court Examiner Education Requirements.

§ 81.41 Court examiner education requirements.  (a) Each incapacitated person is entitled to a thorough examination of all reports required to be filed by the guardian.  (b)  Each  person  appointed pursuant to section 81.32 of this article must complete a training program approved  by  the  chief  administrator which  covers  the legal duties and responsibilities of the examiner and of guardians.  (c) The court may, in  its  discretion,  waive  some  or  all  of  the requirements  of  this  section or impose additional requirements. In so doing, the court shall consider the  experience  and  education  of  the court  examiner  with  respect  to  the  training  requirements  of this section.
NY Ment Hygiene L § 81.42 (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 81.42 - Compliance.

§ 81.42 Compliance.  (a)  A  motion  to dismiss based on the alleged failure to comply with any of the provisions of this article, other than  subparagraph  (i)  of paragraph  one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical  mistakes,  deficiencies,  and omissions  that  do  not  result  in  actual  prejudice that affects the integrity of the proceeding.  (b) A judgment or order made pursuant to this article, unless reversed on appeal, releases the guardian and the sureties from all claims of the incapacitated person and/or any person affected thereby based on any act or omission directly authorized, approved or confirmed in  the  judgment or  order.  This  section  does not apply where the judgment or order is obtained by fraud or conspiracy or by misrepresentation contained in the notice, petition, account, or  in  the  judgment  or  order  as  to  any material  fact. For purposes of this subdivision, misrepresentation of a material fact includes but is not limited to the omission of a  material fact.
NY Ment Hygiene L § 83.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act 83.01 - Short Title.

§ 83.01 Short title.This  article  shall  be  known and may be cited as the "uniform adult   guardianship and protective proceedings jurisdiction act".
NY Ment Hygiene L § 83.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act 83.05 - International Application of This Article.

§ 83.05 International application of this article.A  court  of  this  state  may treat a foreign country as if it were a   state for the purpose of applying sections 83.01 through 83.37  of  this   article.