§ 1759 — Duration of guardianship 1

New York § 1759

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled

Text

§ 1759. Duration of guardianship\n 1. Such guardianship shall not terminate at the age of majority or\nmarriage of such person who is intellectually disabled or person who is\ndevelopmentally disabled but shall continue during the life of such\nperson, or until terminated by the court.\n 2. A person eighteen years or older for whom such a guardian has been\npreviously appointed or anyone, including the guardian, on behalf of a\nperson who is intellectually disabled or person who is developmentally\ndisabled for whom a guardian has been appointed may petition the court\nwhich made such appointment or the court in his or her county of\nresidence to have the guardian discharged and a successor appointed, or\nto have the guardian of the property designated as a limited guardian of\nthe property, or to have the guardianship order modified, dissolved or\notherwise amended. Upon such a petition for review, the court shall\nconduct a hearing pursuant to section seventeen hundred fifty-four of\nthis article.\n 3. Upon marriage of such person who is intellectually disabled or\nperson who is developmentally disabled for whom such a guardian has been\nappointed, the court shall, upon request of the person who is\nintellectually disabled or person who is developmentally disabled,\nspouse, or any other person acting on behalf of the person who is\nintellectually disabled or person who is developmentally disabled,\nreview the need, if any, to modify, dissolve or otherwise amend the\nguardianship order including, but not limited to, the appointment of the\nspouse as standby guardian. The court, in its discretion, may conduct\nsuch review pursuant to section seventeen hundred fifty-four of this\narticle.\n