Section 81.33. Intermediate and final report  


Latest version.
  • (a)  A guardian may move in the court of his or her appointment for an
      order permitting him or her to render an intermediate report to the date
      of the filing thereof in a form prescribed  by  the  court  which  shall
      include  the same information as is required under section 81.31 of this
      article provided, however, that if the incapacitated person has died the
      report need not include information  otherwise  required  in  paragraphs
      five  and  six  of subdivision (b) of section 81.31 of this article. The
      court may order the report to be filed with the clerk of the court on or
      before a fixed date.
        (b) When a guardian dies or is removed, suspended, discharged pursuant
      to the provisions of this article, or allowed to resign, the court shall
      order a final report in a form  prescribed  by  the  court  which  shall
      include  the same information as is required under section 81.31 of this
      article provided, however, that if the incapacitated person has died the
      report need not include information  otherwise  required  in  paragraphs
      five  and  six of subdivision (b) of section 81.31 of this article. When
      such a report has been made in the course of a proceeding  to  remove  a
      guardian, the court may dispense with a further report.
        (c)  Notice  of  the  filing  of  a report under this section shall be
      served upon the persons entitled to notice pursuant to  paragraph  three
      of   subdivision   (c)   of  section  81.16  of  this  article.  If  the
      incapacitated person is deceased, notice shall also be served  upon  his
      or her executor or administrator, if any.
        (d)  The  court  may  appoint counsel for the incapacitated person, if
      living, for the protection of such person's rights  and  interests  with
      regard  to  such  report.  The  court  may appoint a referee to hear the
      matter and report to the court.
        (e) Upon the motion for a confirmation of the report of  the  referee,
      or   if   the  report  is  made  before  the  court,  upon  the  court's
      determination, the report shall be judicially approved  and  filed.  The
      compensation  of  the referee and of counsel shall be fixed by the court
      and shall be payable out of  the  estate  of  the  incapacitated  person
      unless it is determined that the incapacitated person is indigent.
        (f)  If  the  incapacitated  person resides in a facility, a copy of a
      report under this section shall  be  served  upon  the  chief  executive
      officer  in  charge  of  that facility and upon the mental hygiene legal
      service of the judicial department in which the residence is located.