Dad died in 2021. Theft continued until we found out about it and filed an Article 81 petition. Atty talked us in to letting court appoint guardian (it will go smoother).
since guardian, theft has stopped but guardian refuses to initiate a discovery and turnover proceeding with the court. Says Mom has enough to live and we can deal with it after she dies.
any recourse now or after Mom’s death?
If the guardian continues to refuse, your recourse after your mother's death will likely be to pursue a discovery or turnover action against your wife's brothers on behalf of the estate.
The key is to keep pushing now, or be thoroughly prepared for a legal fight later. Maybe it is a better option to keep pushing now, because you will have a better chance of recovering the money while your mother is alive, which is what the guardianship is supposed to protect. If you wait, the brothers might spend or hide the money further, making it harder to get back later. However, that means more legal fees now.
Waiting until later saves you money and stress now, but creates a huge legal fight for your wife's family later, and the money may be gone by then.
There may be a statue of limitations so waiting may not be good for your Mom's case, if she has one...
I put your question into ChatGPT5 (which has an accuracy disclaimer):
"What to do next:
File a motion in the existing Article 81 case asking the court to: (a) direct the guardian to commence an MHL §81.43 discovery/turnover now; or (b) appoint a special guardian with that limited mandate; (c) set deadlines; and (d) require an accounting under §81.31.
Preserve evidence (bank records, POA documents, deeds, account statements, emails/texts, tax returns, caregiver invoices).
If you suspect ongoing exploitation, report it as well (NY Attorney General consumer helpline; local Adult Protective Services). This can add pressure and create a record."