N.Y. Mental Hygiene Law § 81.36: Discharge or modification of powers of guardian

§ 81.36 Discharge or modification of powers of guardian.

(a) The court appointing the guardian shall discharge such guardian,

or modify the powers of the guardian where appropriate, if it appears to

the satisfaction of the court that:

1. the incapacitated person has become able to exercise some or all of

the powers necessary to provide for personal needs or property

management which the guardian is authorized to exercise;

2. the incapacitated person has become unable to exercise powers

necessary to provide for personal needs or property management which the

guardian is not authorized to exercise;

3. the incapacitated person has died; or

4. for some other reason, the appointment of the guardian is no longer

necessary for the incapacitated person, or the powers of the guardian

should be modified based upon changes in the circumstances of the

incapacitated person.

(b) The application for relief under this section may be made by the

guardian, the incapacitated person, or any person entitled to commence a

proceeding under this article.

(c) There shall be a hearing on notice to the persons entitled to

notice pursuant to paragraph three of subdivision (c) of section 81.16

of this article. The court may for good cause shown dispense with the

hearing provided that an order of modification increasing the powers of

the guardian shall set forth the factual basis for dispensing with the

hearing. If the incapacitated person or his or her counsel raises an

issue of fact as to the ability of the incapacitated person to provide

for his or her personal needs or property management and demands a jury

trial of such issue, the court shall order a trial by jury thereof.

(d) To the extent that relief sought under this section would

terminate the guardianship or restore certain powers to the

incapacitated person, the burden of proof shall be on the person

objecting to such relief. To the extent that relief sought under this

section would further limit the powers of the incapacitated person, the

burden shall be on the person seeking such relief.

(e) If the guardian is discharged because the incapacitated person

becomes fully able to care for his or her property, the court shall

order that there be restored to such person the property remaining in

the hands of the guardian. If the incapacitated person dies, the

guardian shall provide for such person's burial or other disposition the

cost of which shall be borne by the estate of the incapacitated person.