N.Y. MHY. LAW § 81.23 : NY Code - Section 81.23: Provisional remedies

Search N.Y. MHY. LAW § 81.23 : NY Code - Section 81.23: Provisional remedies

(a) Temporary guardian.
    1. At the commencement of the proceeding or at any subsequent stage of
  the  proceeding  prior  to the appointment of a guardian, the court may,
  upon showing of danger in  the  reasonably  foreseeable  future  to  the
  health  and well being of the alleged incapacitated person, or danger of
  waste,  misappropriation,  or  loss  of  the  property  of  the  alleged
  incapacitated  person,  appoint a temporary guardian for a period not to
  extend beyond the date of the issuance of the commission to  a  guardian
  appointed  pursuant  to  this  article.  The  powers  and  duties of the
  temporary guardian shall be specifically  enumerated  in  the  order  of
  appointment  and  are  limited in the same manner as are the powers of a
  guardian appointed pursuant to this article. Prior to the expiration  of
  the  term  of  appointment,  the  temporary guardian shall report to the
  court all actions taken pursuant to the order appointment. The court may
  approve a reasonable compensation for the temporary  guardian;  however,
  if  the  court finds that the temporary guardian has failed to discharge
  his or her duties satisfactorily in any respect, the court may  deny  or
  reduce the amount of compensation or remove the temporary guardian.
    2.  Notice of the appointment of the temporary guardian shall be given
  to the person alleged to be  incapacitated  and  to  any  person  having
  custody  or control over the person or property of the person alleged to
  be incapacitated in such manner as the court may prescribe.
    3. The authority and responsibility of  a  temporary  guardian  begins
  upon the issuance of the commission of temporary guardianship.
    4.  The  court  may  require  the temporary guardian to file a bond in
  accordance with section 81.25 of this article.
    (b) Injunction and temporary restraining order.
    1. The court may, at any time prior to or after the appointment  of  a
  guardian or at the time of the appointment of a guardian with or without
  security,  enjoin any person, other than the incapacitated person or the
  person alleged to be incapacitated  from  selling,  assigning,  or  from
  disposing  of property or confessing judgment which may become a lien on
  property or  receiving  or  arranging  for  another  person  to  receive
  property  from  the  incapacitated  person  or  the person alleged to be
  incapacitated or doing or suffering to  be  done  any  act  or  omission
  endangering the health, safety or welfare of the incapacitated person or
  the  person  alleged  to be incapacitated when an application under this
  article seeks such an injunction and it satisfactorily appears from  the
  application,  affidavits,  and  other proofs that a person has done, has
  suffered to be done or omitted to do, or threatens to do or is about  to
  do  an  act  that  endangers  the  health,  safety  or  welfare  of  the
  incapacitated person or the person alleged to be  incapacitated  or  has
  acquired  or  is  about  to  acquire any property from the incapacitated
  person or person alleged to be incapacitated during  the  time  of  that
  person's    incapacity    or   alleged   incapacity   without   adequate
  consideration. Such order shall be made upon an order to show  cause  or
  upon  the  initiative of the court and may, upon the application for the
  appointment of a guardian, in the discretion of the court, be  continued
  for  ten  days  after  the  appointment  of  a  guardian.  Notice of any
  injunction shall be given to any person enjoined, to  the  incapacitated
  person  or  the  person  alleged  to be incapacitated, and to any person
  having  custody  or  control  over  the  person  or  property   of   the
  incapacitated  person  or the person alleged to be incapacitated in such
  manner as the court may prescribe.
    2. A temporary restraining  order  may  be  granted  with  or  without
  security  when an application seeks an injunction under paragraph one of
  this subdivision and where the court is satisfied that in the absence of

  such restraining order, the property  of  the  incapacitated  person  or
  person  alleged to be incapacitated would be dissipated to that person's
  detriment or that the health, safety or  welfare  of  the  incapacitated
  person  or  the  person alleged to be incapacitated would be endangered.
  Notice of the temporary restraining order shall be given to  any  person
  restrained,  to  the  incapacitated  person  or the person alleged to be
  incapacitated, and to any person having  custody  or  control  over  the
  person  or  property of the incapacitated person or person alleged to be
  incapacitated in such manner as the court may prescribe. Such  temporary
  restraining  order  shall  neither  be  vacated nor modified except upon
  notice to the petitioner and to each person required to  receive  notice
  of  the petition pursuant to paragraph one of subdivision (g) of section
  81.07 of this article.
    3. When the court is satisfied that the interest of the  incapacitated
  person  or  person  alleged  to  be incapacitated would be appropriately
  served, the court may provide in a temporary restraining order that such
  temporary restraining order shall have the effect of:
    (i) a restraining notice when served in a manner and upon such persons
  as the court in its discretion shall deem appropriate;
    (ii) conferring information subpoena power upon the attorney  for  the
  petitioner when the court in its discretion shall deem appropriate.
    4. Where such a temporary restraining order provides for a restraining
  notice a person having custody or control over the person or property of
  the  incapacitated  person  or the person alleged to be incapacitated is
  forbidden  to  make  or  suffer  any  sale,  assignment,   transfer   or
  interference with any property of the incapacitated person or the person
  alleged to be incapacitated except pursuant to the order of the court.
    5.  Where such a temporary restraining order provides the petitioner's
  attorney with information subpoena power, service of a copy of the order
  together with an  information  subpoena  shall  require  any  person  so
  subpoenaed   to  provide  petitioner's  attorney  with  any  information
  concerning the financial affairs of  the  incapacitated  person  or  the
  person alleged to be incapacitated.