N.Y. Mental Hygiene Law § 81.38: Vacancy in office

§ 81.38 Vacancy in office.

(a) Interim guardian. A vacancy created by the death, removal,

discharge, resignation, or suspension of a guardian shall be filled by

the court. Upon the application of any person entitled to commence a

proceeding under this article, the court shall appoint an interim

guardian who shall serve for a period of ninety days or until a final

accounting is filed and a successor guardian is appointed by the court.

The powers and duties of the interim guardian shall be specifically

enumerated in the order of appointment. The court may require service of

the order to show cause seeking the appointment of an interim guardian

on any persons it deems appropriate.

(b) Standby guardian. At the time of the appointment of the guardian,

the court may in its discretion appoint a standby guardian to act in the

event that the guardian shall resign, die, be removed, discharged,

suspended, or become incapacitated. The court may also appoint an

alternate and/or successive alternates to the standby guardian, to act

if the standby guardian shall resign, die, be removed, discharged,

suspended, or become incapacitated. Such standby guardian, or the

alternate in the event of the standby guardian's resignation, death,

removal, discharge, suspension or adjudication of incapacity, shall

without further proceedings be empowered to immediately assume the

duties of office immediately upon resignation, death, removal,

discharge, suspension or adjudication of incapacity, of the guardian or

the standby guardian as set forth in the order of appointment, subject

only to the confirmation of appointment by the court sixty days

following the assumption of the duties of the office. Before confirming

the appointment of a standby guardian, the court may conduct a hearing

in accordance with the provisions set forth in section 81.11 of this

article upon petition of any person entitled to commence a proceeding

under this article.