Guardianship / Fiduciary Cases

Guardianship Cases

Guardianship Referee:

The Guardianship Referee conducts post-judgment compliance conferences to monitor that court examiners and guardians are fulfilling their statutory duties and obligations to ensure the safety and well-being of the incapacitated persons. The Referee meets with all Court Examiners on a quarterly basis, or more, if necessary, to discuss their inventory, set a calendar to bring their inventory current, and discuss the measures required to rectify any issues and delinquencies. In addition, the Referee schedules calendar dates for guardians to appear for each of the following: (1) Commissions and Initial Reports Past Due (2) Annual Reports Past Due (3) and Final Accounts and Ex-Parte Discharge Orders Past Due. The Referee meets with all community guardians and not-for-profit guardians to address their outstanding inventory and discuss resolutions for problematic matters. Court Examiners, Guardians, and Judges can refer a matter for a compliance conference to help resolve issues pertaining to annuals and final accounts. The Referee will serve as a liaison between Court Examiners and the Court. In addition, the Referee issues Administrative Orders closing out inactive / abandoned cases to remove them from the Judge’s inventory.  
 

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)

MENTAL HYGIENE LAW ARTICLE 81

LETTER TO GUARDIAN UPON APPOINTMENT
Letter Mailed to Newly-Appointed Guardians as Part of Information Packet

FORMS FOR GUARDIANSHIP CASES

LIST OF TRAINING PROGRAMS FOR GUARDIANS

 

Fiduciary Cases

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.