MHL 81 Volume 2

Question 1

81.24 Notice of pendency
The petitioner must file a __________________ if real property may be affected by the proceeding.

Answer 1

notice of pendency

Question 2

81.25 Filing of a bond by a guardian

If the temporary guardian is required to file a ___________ , such bond must be filed within _________ days after the issuance of the temporary guardian’s commission.

The court may require or dispense with the filing of a bond.

Answer 2

bond………10

Question 3

81.26 Designation of clerk to receive process

For a commission to become effective, an instrument must be filed with the clerk designating the clerk as the person on whom service of any process may be made whenever the guardian cannot, with due diligence, be served within the state.

Answer 3

81.26 Designation of clerk to receive process

For a commission to become effective, an instrument must be filed with the clerk designating the clerk as the person on whom service of any process may be made whenever the guardian cannot, with due diligence, be served within the state.

Question 4

81.27 Commission to guardian

The clerk shall issue a commission within ______ days after the guardian has filed a designation as clerk to receive process when guardian cannot be served within the state and has filed a bond.

The____________ issues a “commission” as guardian of an incapacitated person

Answer 4

5… clerk of court

Question 5

81.28 Compensation of guardian
The amount of compensation of a guardian is set by the _______ .

Answer 5

court

Question 6

81.29 Effect of the appointment on the incapacitated person

• An incapacitated person for whom a guardian has been appointed retains all powers except those which the ___________ is granted.

Answer 6

guardian

Question 7

81.30 Initial report

• No later than _______ 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.
• If the initial report of the guardian sets forth any reasons for a change in the powers authorized by the court, the guardian shall make an application within __________ days of the filing of the report on notice to the persons entitled to such notice.

Answer 7

90…….10

Question 8

81.31 Annual report

• Every guardian shall file a report annually in the month of __________ , or at any other time upon motion or order of the court.
• The annual report of the guardian shall be filed in the office of the clerk of the court which appointed the guardian.

Answer 8

May

Question 9

81.32 Examination of initial and annual reports

Within _______ days of the filing of the initial report (and annual report), the report filed by a guardian under this article shall be examined.

Answer 9

30

Question 10

81.32 Examination of initial and annual reports

If a guardian fails to file his or her initial or annual report, the person authorized to examine the report shall demand that the guardian file the report within _______ days after the service of the demand.

Answer 10

15

Question 11

81.32 Examination of initial and annual reports

The person examining the guardian’s initial or yearly report, on ______ days’ notice to the guardian, shall file a report in the form and manner prescribed by the order appointing the examiner.

Answer 11

5

Question 12

81.32 Examination of initial and annual reports

The expenses of the guardian’s examination shall be payable out of the estate of the incapacitated person examined if the estate amounts to _______________ or more,

• If less than _________ , by the county treasurer or, within NYC by the comptroller of NYS.

Answer 12

$5,000 dollars…. $5,000 dollars

Question 13

81.33 Intermediate and final report
An intermediate report may be filed at the request of the guardian or on order of the court.

Answer 13

81.33 Intermediate and final report
An intermediate report may be filed at the request of the guardian or on order of the court.

Question 14

81.34 Decree on filing instruments approving accounts

Upon death of guardian or incapacitated person, a petitioner may request a decree_________ petitioner from further liability

Answer 14

releasing

Question 15

81.35 Removal of guardian

Upon ________ , court may remove a guardian.

Answer 15

motion

Question 16

81.36 Discharge or modification of powers of guardian
The court that appointed the guardian can _______ the powers of the guardian or discharge the guardian.

Answer 16

modify

Question 17

81.37 Resignation or suspension of powers of the guardian
The court appointing a guardian may allow the guardian to ______ or may suspend the powers of the guardian.

Answer 17

resign

Question 18

81.38 Vacancy in office

A vacancy created by the death, removal, discharge, resignation, or suspension of a guardian shall be filled by the _______ .

Answer 18

court

Question 19

81.38 Vacancy in office

Upon the application of any person entitled to commence a proceeding under this article, the court shall appoint an interim guardian who shall serve for a period of _______ days or until a final accounting is filed and a successor guardian is appointed by the court.

Answer 19

90

Question 20

81.38 Vacancy in office

At the time of the appointment of the guardian, the court may appoint a standby guardian to act in the event that the guardian shall resign, die, be removed, discharged, suspended, or become incapacitated.

Answer 20

81.38 Vacancy in office

At the time of the appointment of the guardian, the court may appoint a standby guardian to act in the event that the guardian shall resign, die, be removed, discharged, suspended, or become incapacitated.

Question 21

81.38 Vacancy in office

The court may appoint an alternate and/or successive alternates to the standby guardian, to act if the standby guardian shall resign, die, be removed, discharged, suspended, or become incapacitated.

Answer 21

81.38 Vacancy in office

The court may appoint an alternate and/or successive alternates to the standby guardian, to act if the standby guardian shall resign, die, be removed, discharged, suspended, or become incapacitated.

Question 22

81.38 Vacancy in office

A standby or alternate guardian, in the event of the resignation, death, etc. of regular guardian, shall without further proceedings assume the duties of the guardian immediately, subject only to the confirmation of appointment by the court ________ days following the assumption of the duties of the office.

Answer 22

60

Question 23

[81.39 Guardian education requirements/81.40 and 81.41 Court examiner education requirements

Each person appointed by the court as a __________ or _________ must complete a training program, however, court may waive this section or impose additional requirements]

Answer 23

guardian or as a court examiner

Question 24

81.42 Compliance
Generally, an order or order made pursuant to this article releases the guardian and _______ from all claims by the incapacitated person or other persons affected (However, does not apply where judgment or order is obtained illegally.)

Answer 24

sureties

Question 25

81.43 Proceedings to discover property withheld

A proceeding to_________ withheld may be commenced by the guardian.

Answer 25

discover property

Question 26

81.44 Proceedings upon the death of an incapacitated person

All papers required to be served under this section shall be served by ____________ and ___________________ return receipt requested.

Answer 26

regular mail and by certified mail

Question 27

81.44 Proceedings upon the death of an incapacitated person

Within __________ days of the death of the incapacitated person, the guardian shall serve a copy of the statement of death upon the court examiner.

Answer 27

20

Question 28

81.44 Proceedings upon the death of an incapacitated person

Within _______ days of the death of the incapacitated person, the guardian shall file final report with the clerk of the court of the county in which annual reports are filed.

Answer 28

150