N.Y. Mental Hygiene Law § 81.30: Initial report

§ 81.30 Initial report.

(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.