§ 1757 — Standby guardian of a person who is intellectually disabled or person who is developmentally disabled 1

§ 1757. Standby guardian of a person who is intellectually disabled or\n person who is developmentally disabled\n 1. Upon application, a standby guardian of the person or property or\nboth of a person who is intellectually disabled or person who is\ndevelopmentally disabled may be appointed by the court. The court may\nalso, upon application, appoint an alternate and/or successive\nalternates to such standby guardian, to act if such standby guardian\nshall die, or become incapacitated, or shall renounce. Such appointments\nby the court shall be made in accordance with the provisions of this\narticle.\n 2. Such standby guardian, or alternate in the event of such standby\nguardian's death, incapacity or renunciation, shall without further\nproceedings be empowered to assume the duties of his or her office\nimmediately upon death, renunciation or adjudication of incompetency of\nthe guardian or standby guardian appointed pursuant to this article,\nsubject only to confirmation of his or her appointment by the court\nwithin one hundred eighty days following assumption of his or her duties\nof such office. Before confirming the appointment of the standby\nguardian or alternate guardian, the court may conduct a hearing pursuant\nto section seventeen hundred fifty-four of this article upon petition by\nanyone on behalf of the person who is intellectually disabled or person\nwho is developmentally disabled or the person who is intellectually\ndisabled or person who is developmentally disabled if such person is\neighteen years of age or older, or upon its discretion.\n 3. Failure of a standby or alternate standby guardian to assume the\nduties of guardian, seek court confirmation or to renounce the\nguardianship within sixty days of written notice by certified mail or\npersonal delivery given by or on behalf of the person who is\nintellectually disabled or person who is developmentally disabled of a\nprior guardian's inability to serve and the standby or alternate standby\nguardian's duty to serve, seek court confirmation or renounce such role\nshall allow the court to:\n (a) deem the failure an implied renunciation of guardianship, and\n (b) authorize, notwithstanding the time period provided for in\nsubdivision two of this section to seek court confirmation, any\nremaining standby or alternate standby guardian to serve in such\ncapacity provided (i) an application for confirmation and appropriate\nnotices pursuant to subdivision one of section seventeen hundred\nfifty-three of this article are filed, or (ii) an application for\nmodification of the guardianship order pursuant to section seventeen\nhundred fifty-five of this article is filed.\n