PocketLaw | New York Laws | Proceedings for Appointment of a Guardian

Proceedings for Appointment of a Guardian for Personal Needs or Property Management

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Legislative Findings and Purpose.

Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.

Definitions.

Jurisdiction.

Venue.

Who May Commence a Proceeding.

Notice.

Petition.

Appointment of Court Evaluator.

Counsel.

Hearing.

Burden and Quantum of Proof.

Timing of Hearing.

Record of the Proceedings.

Findings.

Dispositional Alternatives.

Nomination of Guardian.

Foreign Guardian for a Person Not Present in the State.

Eligibility as Guardian.

Duties of Guardian.

Powers of Guardian; Property Management.

Powers of Guardian; Personal Needs.

Provisional Remedies.

Notice of Pendency.

Filing of Bond by Guardian.

Designation of Clerk to Receive Process.

Commission to Guardian.

Compensation of Guardian.

Effect of the Appointment on the Incapacitated Person.

Initial Report.

Annual Report.

Examination of Initial and Annual Reports.

Intermediate and Final Report.

Decree on Filing Instruments Approving Accounts.

Removal of Guardian.

Discharge or Modification of Powers of Guardian.

Resignation or Suspension of Powers of Guardian.

Vacancy in Office.

Guardian Education Requirements.

Court Evaluator Education Requirements.

Court Examiner Education Requirements.

Compliance.

Proceedings to Discover Property Withheld.

Proceedings Upon the Death of an Incapicitated Person.