NY Ment Hygiene L § 81.23 (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 81.23 - Provisional Remedies.

§ 81.23 Provisional remedies.  (a) Temporary guardian.   1. At the commencement of the proceeding or at any subsequent stage of the  proceeding  prior  to the appointment of a guardian, the court may, upon showing of danger in  the  reasonably  foreseeable  future  to  the health  and well being of the alleged incapacitated person, or danger of waste,  misappropriation,  or  loss  of  the  property  of  the  alleged incapacitated  person,  appoint a temporary guardian for a period not to extend beyond the date of the issuance of the commission to  a  guardian appointed  pursuant  to  this  article.  The  powers  and  duties of the temporary guardian shall be specifically  enumerated  in  the  order  of appointment  and  are  limited in the same manner as are the powers of a guardian appointed pursuant to this article. Prior to the expiration  of the  term  of  appointment,  the  temporary guardian shall report to the court all actions taken pursuant to the order appointment. The court may approve a reasonable compensation for the temporary  guardian;  however, if  the  court finds that the temporary guardian has failed to discharge his or her duties satisfactorily in any respect, the court may  deny  or reduce the amount of compensation or remove the temporary guardian.   2.  Notice of the appointment of the temporary guardian shall be given to the person alleged to be  incapacitated  and  to  any  person  having custody  or control over the person or property of the person alleged to be incapacitated in such manner as the court may prescribe.   3. The authority and responsibility of  a  temporary  guardian  begins upon the issuance of the commission of temporary guardianship.   4.  The  court  may  require  the temporary guardian to file a bond in accordance with section 81.25 of this article.  (b) Injunction and temporary restraining order.   1. The court may, at any time prior to or after the appointment  of  a guardian or at the time of the appointment of a guardian with or without security,  enjoin any person, other than the incapacitated person or the person alleged to be incapacitated  from  selling,  assigning,  or  from disposing  of property or confessing judgment which may become a lien on property or  receiving  or  arranging  for  another  person  to  receive property  from  the  incapacitated  person  or  the person alleged to be incapacitated or doing or suffering to  be  done  any  act  or  omission endangering the health, safety or welfare of the incapacitated person or the  person  alleged  to be incapacitated when an application under this article seeks such an injunction and it satisfactorily appears from  the application,  affidavits,  and  other proofs that a person has done, has suffered to be done or omitted to do, or threatens to do or is about  to do  an  act  that  endangers  the  health,  safety  or  welfare  of  the incapacitated person or the person alleged to be  incapacitated  or  has acquired  or  is  about  to  acquire any property from the incapacitated person or person alleged to be incapacitated during  the  time  of  that person's    incapacity    or   alleged   incapacity   without   adequate consideration. Such order shall be made upon an order to show  cause  or upon  the  initiative of the court and may, upon the application for the appointment of a guardian, in the discretion of the court, be  continued for  ten  days  after  the  appointment  of  a  guardian.  Notice of any injunction shall be given to any person enjoined, to  the  incapacitated person  or  the  person  alleged  to be incapacitated, and to any person having  custody  or  control  over  the  person  or  property   of   the incapacitated  person  or the person alleged to be incapacitated in such manner as the court may prescribe.   2. A temporary restraining  order  may  be  granted  with  or  without security  when an application seeks an injunction under paragraph one of this subdivision and where the court is satisfied that in the absence of  such restraining order, the property  of  the  incapacitated  person  or person  alleged to be incapacitated would be dissipated to that person's detriment or that the health, safety or  welfare  of  the  incapacitated person  or  the  person alleged to be incapacitated would be endangered. Notice of the temporary restraining order shall be given to  any  person restrained,  to  the  incapacitated  person  or the person alleged to be incapacitated, and to any person having  custody  or  control  over  the person  or  property of the incapacitated person or person alleged to be incapacitated in such manner as the court may prescribe. Such  temporary restraining  order  shall  neither  be  vacated nor modified except upon notice to the petitioner and to each person required to  receive  notice of  the petition pursuant to paragraph one of subdivision (g) of section 81.07 of this article.   3. When the court is satisfied that the interest of the  incapacitated person  or  person  alleged  to  be incapacitated would be appropriately served, the court may provide in a temporary restraining order that such temporary restraining order shall have the effect of:  (i) a restraining notice when served in a manner and upon such persons as the court in its discretion shall deem appropriate;  (ii) conferring information subpoena power upon the attorney  for  the petitioner when the court in its discretion shall deem appropriate.   4. Where such a temporary restraining order provides for a restraining notice a person having custody or control over the person or property of the  incapacitated  person  or the person alleged to be incapacitated is forbidden  to  make  or  suffer  any  sale,  assignment,   transfer   or interference with any property of the incapacitated person or the person alleged to be incapacitated except pursuant to the order of the court.   5.  Where such a temporary restraining order provides the petitioner's attorney with information subpoena power, service of a copy of the order together with an  information  subpoena  shall  require  any  person  so subpoenaed   to  provide  petitioner's  attorney  with  any  information concerning the financial affairs of  the  incapacitated  person  or  the person alleged to be incapacitated.