Section 81.30. Initial report  


Latest version.
  • (a)  No later than ninety days after the issuance of the commission to
      the guardian, the guardian shall file with the court that appointed  the
      guardian  a  report in a form prescribed by the court stating what steps
      the guardian has taken to fulfill his or her responsibilities. Proof  of
      completion of the guardian education requirements under section 81.39 of
      this article must be filed with the initial report.
        (b)  To  the  extent  that  the  guardian has been granted powers with
      respect to property management,  the  initial  report  shall  contain  a
      verified  and complete inventory of the property and financial resources
      over which the guardian has control, the location of any  will  executed
      by  the  incapacitated  person, the guardian's plan, consistent with the
      court's order of appointment, for the management of  such  property  and
      financial  resources,  and  any  need  for  any  change  in  the  powers
      authorized by the court.
        (c) To the extent that the guardian has been granted powers  regarding
      personal  needs,  the  initial  report  shall  contain  a  report of the
      guardian's personal visits with the incapacitated person, and the  steps
      the  guardian  has  taken, consistent with the court's order, to provide
      for the personal needs of that person, the guardian's  plan,  consistent
      with  the  court's  order of appointment, for providing for the personal
      needs  of  the  incapacitated  person,  a  copy  of  any  directives  in
      accordance  with  sections  two thousand nine hundred sixty-five and two
      thousand nine hundred eighty-one of the public health  law,  any  living
      will,  and  any other advance directive, and any necessary change in the
      powers authorized by the court. The plan for providing for the  personal
      needs   of   the   incapacitated  person  shall  include  the  following
      information:
        1. the medical, dental, mental health, or related services that are to
      be provided for the welfare of the incapacitated person;
        2. the social and personal services that are to be  provided  for  the
      welfare of the incapacitated person;
        3.  any  physical, dental, and mental health examinations necessary to
      determine the medical, dental, and mental health treatment needs; and
        4. the application of health and  accident  insurance  and  any  other
      private  or government benefits to which the incapacitated person may be
      entitled to meet any part  of  the  costs  of  medical,  dental,  mental
      health, or related services provided to the incapacitated person.
        (d)  If  the initial 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 one of  subdivision
      (d)  of  section  81.07  of this article for such relief. If the initial
      report sets forth any reasons for a change in the powers  authorized  by
      the  court  and  the  guardian  fails to act under 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 one of
      subdivision (d) of section 81.07 of this article for such relief.
        (e) The guardian shall send a  copy  of  the  initial  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.
        (f)  The guardian shall send a copy of the initial report to the court
      evaluator and counsel for the incapacitated person at the  time  of  the
      guardianship  proceeding  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.
    
        (g) The guardian shall send a copy of the initial report to the  court
      examiner.
        (h)  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.
        (i)  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.