New York § 81.38 Vacancy in office

New York Statutes

§ 81.38 — Vacancy in office

New York § 81.38

Law MHYMental Hygiene

Title EGeneral Provisions

Art. 81Proceedings For Appointment of a Guardian For Personal Needs or Property Management

This text of New York § 81.38 (Vacancy in office) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Mental Hygiene § 81.38 (2026).

Text

§ 81.38 Vacancy in office.\n  (a) Interim guardian. A vacancy created by the death, removal,\ndischarge, resignation, or suspension of a guardian shall be filled by\nthe court.  Upon the application of any person entitled to commence a\nproceeding under this article, the court shall appoint an interim\nguardian who shall serve for a period of ninety days or until a final\naccounting is filed and a successor guardian is appointed by the court.\nThe powers and duties of the interim guardian shall be specifically\nenumerated in the order of appointment. The court may require service of\nthe order to show cause seeking the appointment of an interim guardian\non any persons it deems appropriate.\n  (b) Standby guardian. At the time of the appointment of the guardian,\nthe court may in its discr

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§ 81.38 Vacancy in office.\n (a) Interim guardian. A vacancy created by the death, removal,\ndischarge, resignation, or suspension of a guardian shall be filled by\nthe court. Upon the application of any person entitled to commence a\nproceeding under this article, the court shall appoint an interim\nguardian who shall serve for a period of ninety days or until a final\naccounting is filed and a successor guardian is appointed by the court.\nThe powers and duties of the interim guardian shall be specifically\nenumerated in the order of appointment. The court may require service of\nthe order to show cause seeking the appointment of an interim guardian\non any persons it deems appropriate.\n (b) Standby guardian. At the time of the appointment of the guardian,\nthe court may in its discretion appoint a standby guardian to act in the\nevent that the guardian shall resign, die, be removed, discharged,\nsuspended, or become incapacitated. The court may also appoint an\nalternate and/or successive alternates to the standby guardian, to act\nif the standby guardian shall resign, die, be removed, discharged,\nsuspended, or become incapacitated. Such standby guardian, or the\nalternate in the event of the standby guardian's resignation, death,\nremoval, discharge, suspension or adjudication of incapacity, shall\nwithout further proceedings be empowered to immediately assume the\nduties of office immediately upon resignation, death, removal,\ndischarge, suspension or adjudication of incapacity, of the guardian or\nthe standby guardian as set forth in the order of appointment, subject\nonly to the confirmation of appointment by the court sixty days\nfollowing the assumption of the duties of the office. Before confirming\nthe appointment of a standby guardian, the court may conduct a hearing\nin accordance with the provisions set forth in section 81.11 of this\narticle upon petition of any person entitled to commence a proceeding\nunder this article.\n