ADMINISTRATIVE ORDER - GUARDIANSHIP PROCEEDINGS
December 4, 2008
OVERVIEW OF GUARDIANSHIP PROCEEDINGS
Explaining Key Features of these Cases, Duties of Guardians, Key Terms, etc.
OUTLINE OF FILING AND OTHER COURT PROCEDURES IN GUARDIANSHIP CASES
Explaining How Papers Are Filed and Processed in Court
STATUTORY PROVISION REGARDING THE COMMISSION TO GUARDIAN (MENTAL HYGIENE LAW SECTION 81.27)
STATUTORY PROVISION REGARDING THE INITIAL REPORT (MENTAL HYGIENE LAW SECTION 81.30)
STATUTORY PROVISION REGARDING THE ANNUAL REPORT (MENTAL HYGIENE LAW SECTION 81.31)
STATUTORY PROVISION REGARDING THE INTERMEDIATE AND FINAL REPORT (MENTAL HYGIENE LAW SECTION 81.33)
STATUTORY PROVISION REGARDING PROCEEDINGS UPON THE DEATH OF AN INCAPACITATED PERSON (MENTAL HYGIENE LAW SECTION 81.44)
LETTER TO GUARDIAN UPON APPOINTMENT
Letter Mailed to Newly-Appointed Guardians as Part of Information Packet
LIST OF TRAINING PROGRAMS FOR GUARDIANS
OUTLINE OF COURT RULES ON FIDUCIARY APPOINTMENTS AND THE FIDUCIARY CLERK
Explaining Court Rules Governing Guardianship & Other Fiduciary Appointments and the Role of the Fiduciary Clerk
RECEIVERSHIP AND TRUST ACCOUNTINGS AND GENERAL ASSIGNMENTS FOR THE BENEFIT OF CREDITORS
The Guardianship and Fiduciary Support Office (Room 158) handles receivership and trust accountings, and final accounts in general assignments for the benefit of creditors. Likewise, all long form orders disposing of motions to settle such accountings are to be settled in Room 158.
Fiduciaries must pay close attention not only to the authority granted to them in the order of appointment, but also to the law and rules governing these assignments, appointments, filings, etc. Fiduciaries must comply with the requirements set out in Parts 26 and 36 of the Rules of the Chief Judge and Judiciary Law 35-a. In addition to other authority, receivers should follow CPLR Article 64, CPLR 8004, BCL Article 12, and Uniform Rule 202.52; assignees should follow the Debtor and Creditor Law and Uniform Rule 202.63; and trustees should follow CPLR Article 77 and Uniform Rule 202.53.