§ 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.