2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management › 81.32 - Examination of Initial and Annual Reports.

§ 81.32 Examination of initial and annual reports.
(a) Examination of reports generally.
1.  Initial  report.  Within  thirty days of the filing of the initial
report, the initial report filed by a guardian under this article  shall
be examined.
2.  Annual  examination.  Within  thirty  days after the filing of the
annual report of  the  preceding  year,  the  annual  reports  filed  by
guardians  under  this  article  shall  be  examined  to  determine  the
condition and care of the incapacitated  person,  the  finances  of  the
incapacitated  person,  and the manner in which the guardian has carried
out his or her duties and exercised his or her powers.
(b) Examiners. The presiding justice of the appellate division in each
department, or a justice of the  supreme  court  or  a  special  referee
designated  by  a  majority of the justices of the appellate division in
each department at the request of the presiding justice, shall  examine,
or  cause  to be examined by persons designated by the presiding justice
or the justices as examiners, all such reports.
(c) Failure to report.
1. If a guardian fails to file his or her initial  or  annual  report,
the  person  authorized  to  examine  the  report  shall demand that the
guardian file the report within fifteen days after the  service  of  the
demand  upon  him  or her. A copy of the demand shall be served upon the
guardian or his or her resident agent by certified mail.
2. Upon failure to comply with such demand, the court,  may  upon  the
motion  of  the court examiner, enter an order requiring compliance with
the demand and may deny or reduce the amount of the compensation of  the
guardian,  or  remove  the  guardian  pursuant  to section 81.35 of this
article absent a showing that the guardian has acted in good faith.
(d) Incomplete report.
1. If the person authorized to examine the report is  of  the  opinion
that  a more complete or satisfactory report should be filed, the person
authorized to examine the report shall demand that the guardian  file  a
revised  report or proof of any item in the report. A copy of the demand
shall be served upon the guardian  or  his  or  her  resident  agent  by
certified mail.
2.  Upon  failure  to comply with such demand, the court, may upon the
motion of the court examiner, enter an order requiring  compliance  with
the  demand and may deny or reduce the amount of the compensation of the
guardian, or remove the guardian  pursuant  to  section  81.35  of  this
article absent a showing that the guardian has acted in good faith.
(e) Duty of examiners. The person examining the report may examine the
guardian  and  other  witnesses under oath and reduce their testimony to
writing. The person examining the report, on five  days  notice  to  the
guardian,  shall  file a report in the form and manner prescribed by the
order appointing the examiner.
(f) Expenses of examination. The expenses of the examination shall  be
payable  out  of  the estate of the incapacitated person examined if the
estate amounts to five thousand dollars  or  more,  or,  if  the  estate
amounts to less than this sum, by the county treasurer of the county or,
within  the city of New York by the comptroller of the city of New York,
out of any court funds in his or her hands.