N.Y. Mental Hygiene Law § 81.31: Annual report

§ 81.31 Annual report.

(a) Filing of annual report. Every guardian shall file a report

annually in the month of May, or at any other time upon motion or order

of the court.

(b) The report shall be in a form prescribed by the court and shall

include the following information:

1. the present address and telephone number of the guardian.

2. the present address, and telephone number of the incapacitated

person; if the place of residence of the incapacitated person is not his

or her personal home, the name, address, and telephone number of the

facility or place at which the person resides and the name of the chief

executive officer of the facility or person otherwise responsible for

the person's care.

3. any major changes in the physical or mental condition of the

incapacitated person and any substantial change in medication.

4. the date that the incapacitated person was last examined or

otherwise seen by a physician and the purpose of that visit.

5. a statement by a physician, psychologist, nurse clinician, or

social worker, or other person that has evaluated or examined the

incapacitated person within the three months prior to the filing of the

report regarding an evaluation of the incapacitated person's condition

and the current functional level of the incapacitated person.

6. to the extent the guardian is charged with providing for the

personal needs of the incapacitated person:

(i) a statement of whether the current residential setting is best

suited to the current needs of the incapacitated person;

(ii) a resume of any professional medical treatment given to the ward

in the preceding year;

(iii) the plan for medical, dental, and mental health treatment, and

related services in the coming year;

(iv) information concerning the social condition of the incapacitated

person, including: the social and personal services currently utilized

by the incapacitated person; the social skills of the incapacitated

person; and the social needs of the incapacitated person.

7. to the extent the guardian is charged with property management,

information required by the provisions of the surrogate's court

procedure act prescribing the form of papers to be filed upon the annual

accounting of a general guardian of an infant's property.

8. where the guardian has used or employed the services of the

incapacitated person or where moneys have been earned by or received on

behalf of such incapacitated person an accounting of any moneys earned

or derived from such services.

9. a resume of any other activities performed by the guardian on

behalf of the incapacitated person.

10. facts indicating the need to terminate the appointment of the

guardian, or for any alteration in the powers of the guardian and what

specific authority is requested or what specific authority of the

guardian will be affected.

11. any other information which the guardian may be required to file

by the order of appointment.

(c) The guardian shall send a copy of the annual 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, shall send a copy of the annual

report to the court examiner, and shall file a copy of the annual report

as provided herein. 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. 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. If mental hygiene legal

service was appointed as court evaluator or as counsel for the

incapacitated person at the time of the guardianship proceeding, the

guardian shall send a duplicate of such report to the mental hygiene

legal service of the judicial department where venue of the guardianship

proceeding was located if so ordered by the court.

(d) The report shall be filed in the office of the clerk of the court

which appointed the guardian.

(e) If the annual 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 three of

subdivision (c) of section 81.16 of this article for such relief. If the

annual report sets forth any reasons for a change in the powers

authorized by the court, and the guardian fails to act in accordance

with 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 three of subdivision (c) of section 81.16 of

this article for such relief.