N.Y. Mental Hygiene Law § 81.33: Intermediate and final report

§ 81.33 Intermediate and final report.

(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.