Guardian's Initial Report
(due within 90 days of qualification)
Guardian's Annual Accounting
(due in May each year)
Short Form Application/Order
(submit to Court Examiner)
New York State Mental Hygiene Law Article 81
Purpose of Guardianship: Certain persons require some form of assistance in meeting their personal and property management needs. The legislature found that it is desirable for and beneficial to persons with incapacities to make available to them the least restrictive form of intervention which assists them in meeting their needs but, at the same time, permits them to exercise the independence and self-determination of which they are capable. The legislature declared that it is the purpose of this act to promote the public welfare by establishing a guardianship system which is appropriate to satisfy either personal or property management needs of an incapacitated person in a manner tailored to the individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of self-independence, self-determination, and participation in all the decisions affecting such person’s life.
Persons appointed as fiduciaries pursuant to Part 36 of the Rules of the Chief Judge must comply with the filing requirements of that Part.
A Referee whose compensation is not anticipated to exceed $750 is exempt from these filing requirements.
Please refer to the Rules to ascertain the other exempt categories and complete information. You must complete the UCS 872 - Notice of Appointment and Certification of Compliance form that will be mailed to you and return it to the Fiduciary Clerk’s Office in Room 100 within thirty days. Please note that the appointee is responsible for notifying the Fiduciary Office in writing of any reason if said appointee is not going to submit the required UCS 872.
When seeking compensation the appointee should request that a Statement of Approval of Compensation form (UCS 875) be submitted to the Court. The appointee may make that request to the Fiduciary Clerk, who will coordinate with the appropriate justice for approval.