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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 81.35: Removal of guardian

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Where this section sits in the code
  1. Mental Hygiene Law
  2. Title E. General Provisions
  3. Article 81. Proceedings For Appointment of a Guardian For Personal Needs or Property Management

§ 81.35 Removal of guardian.

Upon motion, the court appointing a guardian may remove such guardian

when the guardian fails to comply with an order, is guilty of

misconduct, or for any other cause which to the court shall appear just.

Notice of motion shall be served on the guardian and persons entitled to

receive notice pursuant to paragraph three of subdivision (c) of section

81.16 of this article. The motion may be made by the person examining

initial and annual reports pursuant to section 81.32 of this article, or

by any person entitled to commence a proceeding under this article,

including the incapacitated person. The court may fix the compensation

of any attorney or person prosecuting the motion. It may compel the

guardian to pay personally the costs of the motion if granted.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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