81.33 - Intermediate and final report.

§ 81.33 Intermediate and final report.    (a)  A guardian may move in the court of his or her appointment for an  order permitting him or her to render an intermediate report to the date  of the filing thereof in a form prescribed  by  the  court  which  shall  include  the same information as is required under section 81.31 of this  article provided, however, that if the incapacitated person has died the  report need not include information  otherwise  required  in  paragraphs  five  and  six  of subdivision (b) of section 81.31 of this article. The  court may order the report to be filed with the clerk of the court on or  before a fixed date.    (b) When a guardian dies or is removed, suspended, discharged pursuant  to the provisions of this article, or allowed to resign, the court shall  order a final report in a form  prescribed  by  the  court  which  shall  include  the same information as is required under section 81.31 of this  article provided, however, that if the incapacitated person has died the  report need not include information  otherwise  required  in  paragraphs  five  and  six of subdivision (b) of section 81.31 of this article. When  such a report has been made in the course of a proceeding  to  remove  a  guardian, the court may dispense with a further report.    (c)  Notice  of  the  filing  of  a report under this section shall be  served upon the persons entitled to notice pursuant to  paragraph  three  of   subdivision   (c)   of  section  81.16  of  this  article.  If  the  incapacitated person is deceased, notice shall also be served  upon  his  or her executor or administrator, if any.    (d)  The  court  may  appoint counsel for the incapacitated person, if  living, for the protection of such person's rights  and  interests  with  regard  to  such  report.  The  court  may appoint a referee to hear the  matter and report to the court.    (e) Upon the motion for a confirmation of the report of  the  referee,  or   if   the  report  is  made  before  the  court,  upon  the  court's  determination, the report shall be judicially approved  and  filed.  The  compensation  of  the referee and of counsel shall be fixed by the court  and shall be payable out of  the  estate  of  the  incapacitated  person  unless it is determined that the incapacitated person is indigent.    (f)  If  the  incapacitated  person resides in a facility, a copy of a  report under this section shall  be  served  upon  the  chief  executive  officer  in  charge  of  that facility and upon the mental hygiene legal  service of the judicial department in which the residence is located.