Court orders guardian to account for actions and appoints temporary successor guardian.

ORDER TO SHOW CAUSE

STATE OF NEW YORK

SUPREME COURT

WARREN COUNTY

Index No: 56830

In the matter of

BERNARD J. DUFORD,

An Incapacitated Person.

ORDER TO SHOW CAUSE

Upon reading and filing the annexed Affirmation of Maria G. Nowotny, Esq., Court Examiner, affirmed on February 27, 2026; and

It appearing that Francis Duford, Guardian of the Person and Property of Bernard J. Duford, having been appointed as such by order of the Warren County Court (Hall, J.) entered March 1, 2012, has not filed the Guardian's Initial Report and has not filed the Guardian's Annual Reports for the years 2012 through 2024; and

Upon all the pleadings and proceedings heretofore had herein:

LET Francis Duford, Guardian of the Person and Property of Bernard J. Duford, a person determined to be an incapacitated person, SHOW CAUSE on May 11, 2026 at 1:30 p.m. (personal appearances are required), or as soon thereafter as counsel can be heard, before the Hon. Martin D. Auffredou, JSC, at the NYS Supreme Court, Warren County Municipal Center located at 1340 State Route 9, Lake George, NY 12845, why an Order should not be granted:

1. Requiring Francis Duford to immediately provide a full, complete, and accurate accounting of all activities and for all the funds/assets received and disbursed as Guardian of the Person and Property of Bernard J. Duford, in the format of the Guardian's Initial Report and in the format of the Annual Guardian's Reports for the calendar years 2012, 2019, 2020, 2021, 2022 and 2024;

2. Removing Francis Duford as Guardian of the Person and Property of Bernard J. Duford and appointing another person or entity to serve as Successor Guardian of the Person and Property of Bernard J. Duford;

3. Awarding and allowing to Maria G. Nowotny, Esq., Court Examiner, a fee for legal services and reimbursement of expenses; and

4. Providing such other, further or different relief as the Court deems fitting and

proper.

It is hereby ORDERED that Nancy K. Montagnino, Esq., having an address of 100 West Avenue, Saratoga Springs, NY 12866-6083; phone number (518) 450-4007; and email address nmontagnino@schreiberlaw.net, is appointed Court Evaluator; and it is further

ORDERED that the Court Evaluator shall present a copy of this Order to Show Cause, and read and explain it to Bernard J. Duford to the extent that Bernard J. Duford's incapacities allow; and it is further

ORDERED that the Court Evaluator shall investigate and attempt to identify a person or entity to serve as Successor Guardian of the Person and Property of Bernard J. Duford in place and stead of Francis Duford, and in lieu of the appointment of the Warren County Department of Social Services to act as such, and shall file a report with the court no later than April 13, 2026; and it is further

ORDERED that, pending disposition of this Order to Show Cause, Francis Duford's authority to act as Guardian of the Person and Property of Bernard J. Duford is hereby suspended; and it is further

ORDERED that, pending disposition of this Order to Show Cause, the Warren County Department of Social Services is appointed to act as Temporary Successor Guardian of the Person and Property of Bernard J. Duford, and is vested with all the authority granted to Francis Duford under the said March 1, 2012 order of appointment; and it is further

ORDERED that the Court Examiner shall cause a copy of this Order to Show Cause and all papers filed in support thereof upon the Court Evaluator by email and overnight mail delivery on or before March 6, 2026, and shall file proof of such service with the Warren County Clerk upon completion thereof; and it is further

ORDERED that the Court Examiner shall cause a copy of this Order to Show Cause and all papers filed in support thereof upon the Warren County Department of Social Services by hand delivery on or before April 1, 2026, and shall file proof of such service with the Warren County Clerk upon completion thereof; and it is further

ORDERED that, the Court Examiner having established that she is unable to locate and personally serve Francis Duford despite her exercise of due diligence with respect to same, service of a copy of this Order to Show Case upon Francis Duford may to be effected by publication of the text thereof in each of the Post Star, a newspaper circulated in Warren County, and the Daily Gazette, a newspaper circulated in Schenectady County, which is the location of Francis Duford's last known addresses, once per week for four consecutive weeks; such publication to commence no later than March 13, 2026; and upon the filing with the Warren County Clerk of affidavits of publication demonstrating compliance with this provision, service upon Francis Duford shall be deemed complete. Should Francis Duford appear on the return date hereof or otherwise engage himself in this proceeding, the Court Examiner shall provide him with copies of the papers in support of the Order to Show Cause and the court shall afford him an appropriate opportunity to review and respond to them.

Dated: March 3, 2026

at Lake George, NY

/s/

Hon. Martin D. Auffredou, JSC

PUB: MARCH 12, 19, 26, APRIL 2, 2026 

COL-NY-3999