NY Ment Hygiene L § 81.43 (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 81.43 - Proceedings to Discover Property Withheld.

§ 81.43 Proceedings to discover property withheld.  (a)  To  the extent that it is consistent with the authority otherwise granted by the court a guardian may commence a proceeding in  the  court which appointed the guardian to discover property withheld. The petition shall  contain knowledge, or information and belief of any facts tending to show that any interest in real property or money  or  other  personal property,  or  the  proceeds or value thereof, which should be delivered and paid to the guardian, is in the possession, under  the  control,  or within the knowledge or information of respondent who withholds the same from  the  guardian,  whether  such  possession  or control was obtained before or after the appointment of the guardian, or that the  respondent refuses  to disclose knowledge or information which such person may have concerning the same or which will aid the guardian in  making  discovery of  such property. The petition shall request that respondent be ordered to attend an inquiry and be examined accordingly and deliver property of the incapacitated person if  it  is  within  his  or  her  control.  The petition  may  be accompanied by an affidavit or other written evidence, tending to support the allegations thereof. If the court is satisfied on the papers so presented  that  there  are  reasonable  grounds  for  the inquiry,  it  must  make  an  order accordingly, which may be returnable forthwith, or at a future time fixed by the court, and may be served  at any  time  before  the  hearing. If it shall appear from the petition or from the answer interposed thereto, or in the course of the inquiry made pursuant to the order that a person other than  the  respondent  in  the proceeding  claims  an  interest  in the property or the proceeds or the value thereof, the court may by the original order  or  by  supplemental order,  direct  such  additional  party to attend and be examined in the proceeding in respect of his or  her  adverse  claim,  and  deliver  the property  if  in  his  or  her control or the proceeds or value thereof. Service of such an order must be made by delivery of  a  certified  copy thereof  to  the  person  or  persons  named  therein and the payment or tender, to each of the sum required by law to be paid or tendered  to  a witness who is subpoenaed to attend a trial in such court.  (b)  If  the  person  directed to appear submits an answer denying any knowledge concerning or the possession of any property which belongs  to the  incapacitated  person  or  should  be delivered to the guardian, or shall make default in answer, he or she shall be sworn to  answer  truly all  questions  put to him or her regarding the inquiry requested in the petition. Any claim of title to  or  right  to  the  possession  of  any property  of the incapacitated person must be made by verified answer in writing. If such answer is interposed, the issues raised  thereby  shall be  tried  according  to  the usual practice of the court as a litigated issue but the interposition of such answer shall not limit the right  of the  guardian  to proceed with the inquiry in respect of property not so claimed by the verified answer. If possession of the property is denied, proof on that issue may be presented to the court by either  party.  The court  may  in  an  appropriate  case make interim decrees directing the delivery of property not claimed by verified answer and may continue the proceeding for determination of any litigated issue. If it appears  that the  guardian  is entitled to the possession of the property, the decree shall direct delivery thereof to the guardian or if the  property  shall have  been diverted or disposed of, the decree may direct payment of the proceeds or the value of such property or may impress a trust upon  said proceeds  or make any determination which a court of equity might decree in following trust property funds. In  any  case  in  which  a  verified answer  is  served and the court after a trial or hearing determines the issue, the court may in its discretion award costs not  exceeding  fifty dollars and disbursements to be paid by the unsuccessful party.