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 › 81.31 - Annual Report.

§ 81.31 Annual report.
(a)  Filing  of  annual  report.  Every  guardian  shall file a report
annually in the month of May, or at any other time upon motion or  order
of the court.
(b)  The  report  shall be in a form prescribed by the court and shall
include the following information:
1. the present address and telephone number of the guardian.
2. the present address, and  telephone  number  of  the  incapacitated
person; if the place of residence of the incapacitated person is not his
or  her  personal  home,  the name, address, and telephone number of the
facility or place at which the person resides and the name of the  chief
executive  officer  of  the facility or person otherwise responsible for
the person's care.
3. any major changes in  the  physical  or  mental  condition  of  the
incapacitated person and any substantial change in medication.
4.  the  date  that  the  incapacitated  person  was  last examined or
otherwise seen by a physician and the purpose of that visit.
5. a statement by  a  physician,  psychologist,  nurse  clinician,  or
social  worker,  or  other  person  that  has  evaluated or examined the
incapacitated person within the three months prior to the filing of  the
report  regarding  an evaluation of the incapacitated person's condition
and the current functional level of the incapacitated person.
6. to the extent the  guardian  is  charged  with  providing  for  the
personal needs of the incapacitated person:
(i)  a  statement  of  whether the current residential setting is best
suited to the current needs of the incapacitated person;
(ii) a resume of any professional medical treatment given to the  ward
in the preceding year;
(iii)  the  plan for medical, dental, and mental health treatment, and
related services in the coming year;
(iv) information concerning the social condition of the  incapacitated
person,  including:  the social and personal services currently utilized
by the incapacitated person; the  social  skills  of  the  incapacitated
person; and the social needs of the incapacitated person.
7.  to  the  extent  the guardian is charged with property management,
information  required  by  the  provisions  of  the  surrogate's   court
procedure act prescribing the form of papers to be filed upon the annual
accounting of a general guardian of an infant's property.
8.  where  the  guardian  has  used  or  employed  the services of the
incapacitated person or where moneys have been earned by or received  on
behalf  of  such incapacitated person an accounting of any moneys earned
or derived from such services.
9. a resume of any other  activities  performed  by  the  guardian  on
behalf of the incapacitated person.
10.  facts  indicating  the  need  to terminate the appointment of the
guardian, or for any alteration in the powers of the guardian  and  what
specific  authority  is  requested  or  what  specific  authority of the
guardian will be affected.
11. any other information which the guardian may be required  to  file
by the order of appointment.
(c)  The  guardian  shall  send  a  copy  of  the annual report to the
incapacitated person by mail unless the court orders otherwise  pursuant
to  paragraph seven of subdivision (b) and paragraph nine of subdivision
(c) of section 81.15 of this article, shall send a copy  of  the  annual
report to the court examiner, and shall file a copy of the annual report
as  provided  herein. If the incapacitated person resides in a facility,
the guardian shall  send  a  duplicate  of  such  report  to  the  chief
executive  officer of that facility. If the incapacitated person resides

in a mental hygiene facility, the guardian shall  send  a  duplicate  of
such  report  to  the  mental  hygiene  legal  service  of  the judicial
department in which the residence is located. If  mental  hygiene  legal
service  was  appointed  as  court  evaluator  or  as  counsel  for  the
incapacitated person at the time of  the  guardianship  proceeding,  the
guardian  shall  send  a  duplicate of such report to the mental hygiene
legal service of the judicial department where venue of the guardianship
proceeding was located if so ordered by the court.
(d) The report shall be filed in the office of the clerk of the  court
which appointed the guardian.
(e)  If  the  annual report sets forth any reasons for a change in the
powers authorized by the court, the guardian shall make  an  application
within  ten  days  of  the filing of the report on notice to the persons
entitled  to  such  notice  in  accordance  with  paragraph   three   of
subdivision (c) of section 81.16 of this article for such relief. If the
annual  report  sets  forth  any  reasons  for  a  change  in the powers
authorized by the court, and the guardian fails  to  act  in  accordance
with  this  subdivision,  any  person  entitled to commence a proceeding
under this article may petition the court for a change in such powers on
notice to the guardian and  the  persons  entitled  to  such  notice  in
accordance  with  paragraph three of subdivision (c) of section 81.16 of
this article for such relief.