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 › 81.07 - 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.