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New York guardian’s initial report

The first report of an Article 81 guardian, called the 90-day report. A guardian of property files the inventory in it.

By Fidura staff. Last reviewed .

Who files
Every Article 81 guardian
A guardian of property adds the inventory and plan.
When it’s due
90 days after the commission issues
MHL § 81.30 (opens in a new tab)
Where
The clerk of the court that appointed you
The court examiner reviews it within 30 days. MHL § 81.32 (opens in a new tab)
The form
No statewide form
Each court group publishes its own. For one, the Third Department’s (PDF) (opens in a new tab)

The law requires a verified and complete inventory. MHL § 81.30 (opens in a new tab) The form has you swear to the whole report before a notary.

What it asks for

For property, the law asks for the inventory, where any will is kept, and your plan for managing the property. MHL § 81.30 (opens in a new tab) The Third Department form puts the inventory in two schedules.

The inventory schedules of the Third Department initial report
ScheduleWhat goes there
A.I.1 Bank accounts and cashEach institution, account number and balance at the time of appointment, and cash on hand
A.I.2 SecuritiesStocks, bonds and government notes
A.I.3 Present or future interestsShares of partnerships, trusts, settlements and pensions not yet transferred to you
A.I.4 Other personal propertyFurniture, jewelry and artwork, with an estimated value
A.II Real propertyAddress, description, approximate value, and the date you filed the real property statement
B Sources of incomeEach source, such as Social Security, a pension or rent, by the month, with a monthly total

A guardian for personal needs reports visits, a care plan and any advance directives in the same report.

Who gets a copy

Send copies to the person, the court evaluator, the person’s counsel and the court examiner. If the person lives in a facility, its chief executive gets one too. For a mental hygiene facility, so does Mental Hygiene Legal Service. MHL § 81.30 (opens in a new tab)

Common mistakes

Counting from the wrong day

The law counts 90 days from the day the commission issues. Westchester instead counts from the day the judgment is signed. Westchester Guardianship Part Rule 20(a) (opens in a new tab)

No real property statement

Real property stays in the person’s name. Record an acknowledged statement identifying it with the recording officer of the county where it sits, and give that date in Schedule A.II. MHL § 81.20(a)(6)(vi) (opens in a new tab)

No training certificate

Attach proof that you finished the approved guardian training, or the order that waived it. MHL §§ 81.30 (opens in a new tab), 81.39 (opens in a new tab)

Today’s balances

Schedule A wants each account’s balance at the time you were appointed. Use the statement for that date, not a recent one.

Your first annual report

Your first annual report is due the next May. It runs from the commission date to December 31, so a guardian commissioned on November 20 reports six weeks. Guardian Assistance Office manual (opens in a new tab)

Sources

Also for New York: Annual Report of Guardian

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