In a Mental Hygiene Law Article 81 adult guardianship proceeding, most Courts require motions to settle a guardian’s final report or final account be made by Order to Show Cause. The same can be said for interim motions in adult guardianship proceedings.

In Nassau County Supreme Court, however, motions to settle a final account must be made by notice of motion. This is a “principal exception” to the general rule in Nassau County that most motions in adult guardianship proceedings be made by Order to Show Cause, or “OSC”.Continue Reading Nassau County Motions to Settle Final Report of Guardian Must be Made by Notice of Motion

Guardianship doesn’t last forever. The Incapacitated Person (IP) could die, regain capacity, or move out of the country, among other reasons. Sometimes, the guardianship doesn’t end, but the guardian needs to resign. When this happens, the guardian must be discharged by the Court.

At first, the discharge process may seem complicated or confusing. But, like anything, practice makes perfect. Below is a simple, and general, step-by-step overview of the discharge process in a Mental Hygiene Law Article 81 adult guardianship proceeding in New York State.Continue Reading Discharging the Guardian: A Step-by-Step Overview