N.Y. Mental Hygiene Law § 81.20: Duties of guardian

§ 81.20 Duties of guardian.

(a) Duties of guardian generally.

1. a guardian shall exercise only those powers that the guardian is

authorized to exercise by court order;

2. a guardian shall exercise the utmost care and diligence when acting

on behalf of the incapacitated person;

3. a guardian shall exhibit the utmost degree of trust, loyalty and

fidelity in relation to the incapacitated person;

4. a guardian shall file an initial and annual reports in accordance

with sections 81.30 and 81.31 of this article;

5. a guardian shall visit the incapacitated person not less than four

times a year or more frequently as specified in the court order;

6. a guardian who is given authority with respect to property

management for the incapacitated person shall:

(i) afford the incapacitated person the greatest amount of

independence and self-determination with respect to property management

in light of that person's functional level, understanding and

appreciation of his or her functional limitations, and personal wishes,

preferences and desires with regard to managing the activities of daily

living;

(ii) preserve, protect, and account for such property and financial

resources faithfully;

(iii) determine whether the incapacitated person has executed a will,

determine the location of any will, and the appropriate persons to be

notified in the event of the death of the incapacitated person and, in

the event of the death of the incapacitated person, notify those

persons;

(iv) use the property and financial resources and income available

therefrom to maintain and support the incapacitated person, and to

maintain and support those persons dependent upon the incapacitated

person;

(v) at the termination of the appointment, deliver such property to

the person legally entitled to it;

(vi) file with the recording officer of the county wherein the

incapacitated person is possessed of real property, an acknowledged

statement to be recorded and indexed under the name of the incapacitated

person identifying the real property possessed by the incapacitated

person, and the tax map numbers of the property, and stating the date of

adjudication of incapacity of the person regarding property management,

and the name, address, and telephone number of the guardian and the

guardian's surety; and

(vii) perform all other duties required by law.

7. a guardian who is given authority relating to the personal needs of

the incapacitated person shall afford the incapacitated person the

greatest amount of independence and self-determination with respect to

personal needs in light of that person's functional level, understanding

and appreciation of that person's functional limitations, and personal

wishes, preferences and desires with regard to managing the activities

of daily living.