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This entry was published on 2014-09-22
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SECTION 81.30
Initial report
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 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.