Section 81.25. Filing of bond by guardian  


Latest version.
  • (a)  Before  the  guardian,  or  special guardian appointed under this
      article, or a trustee of a  trust  created  pursuant  to  this  article,
      enters upon the execution of his or her duties, the court may require or
      dispense with the filing of a bond.
        (b) The court may require or dispense with the filing of a bond by the
      temporary  guardian.  If  the  temporary  guardian is required to file a
      bond, such bond must be filed within ten days after the issuance of  the
      temporary guardian's commission.
        (c)  If  the  value  of  the estate of the person for whom a guardian,
      special guardian, temporary guardian, or  trustee  is  appointed  is  so
      great  or  for other sufficient reason the court deems it inexpedient to
      require security in the full amount prescribed by law it may direct that
      all or part of the assets of the estate  be  delivered  subject  to  the
      further  order  of  the  court  to the county treasurer, or other proper
      fiscal officer, the clerk of the court or a trust company, bank or  safe
      deposit  company  or otherwise restrict the authority of the guardian or
      trustee. The court may thereupon fix the amount of the bond taking  into
      consideration  the value of the remainder only of the estate. The assets
      so deposited shall not be withdrawn from the custody of  the  depositary
      and  no  person  other  than the proper fiscal officer of such county or
      depository shall receive or collect any principal  or  income  or  other
      benefits derived from such assets without order of the court.
        (d) Notwithstanding any other provision of this section, any community
      guardian  program operating pursuant to the provisions of title three of
      article nine-B  of  the  social  services  law,  appointed  as  guardian
      pursuant  to  subdivision (a) of section 81.19 of this article, may file
      with the clerk of the court before the thirty-first day  of  January  of
      each  year,  a  consolidated undertaking up to the amount of one million
      five hundred thousand dollars, in lieu of filing individual undertakings
      for each incapacitated  person  for  whom  it  serves  as  guardian,  as
      required  by  subdivision  (a)  of  this  section.  To the extent of the
      aggregate value of such consolidated undertaking, the community guardian
      program will certify to the clerk of the court faithful discharge of the
      trust imposed upon it, obey all directions of the court in regard to the
      trust, and make and render a true account of all properties received  by
      it  and the application thereof and of its acts in the administration of
      its trust whenever so required to do by the court. At such time  as  the
      aggregate amount of the individual bonds, fixed by the court pursuant to
      subdivision  (a)  of  this  section  for  persons for whom the community
      guardian program is appointed guardian, shall  exceed  the  consolidated
      bond  filed  by such program, the program shall before entering upon the
      execution of its duties, file with the clerk  of  the  court  individual
      undertakings, in the amounts fixed by the court, that it will faithfully
      discharge the trust imposed upon it.
        (e)  If  the  court  requires  the  filing  of a bond, the guardian or
      special or temporary guardian, or trustee, appointed under this  article
      shall  file  with  the  clerk  of  the  court by which such guardian was
      appointed a bond that he or she will  faithfully  discharge  the  powers
      granted  by  the court to the guardian or special or temporary guardian,
      or trustee, obey all directions of the court in regard  to  the  powers,
      and  make and render a true account of all properties received by him or
      her and the application thereof and a true report of his or her acts  in
      the  administration  of his or her powers, whenever so required to do by
      the court. The amount of the bond shall be fixed by the  court.  If  the
      guardian,   special   or   temporary   guardian,  or  trustee,  receives
      after-acquired property not covered by the bond, such guardian,  special
    
      or   temporary   guardian,  or  trustee,  shall  immediately  have  such
      acquisition approved by the court and file a further bond.