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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 81.42: Compliance

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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

§ 81.42 Compliance.

(a) A motion to dismiss based on the alleged failure to comply with

any of the provisions of this article, other than subparagraph (i) of

paragraph one of subdivision (d) of section 81.07 of this article, must

be determined without regard to technical mistakes, deficiencies, and

omissions that do not result in actual prejudice that affects the

integrity of the proceeding.

(b) A judgment or order made pursuant to this article, unless reversed

on appeal, releases the guardian and the sureties from all claims of the

incapacitated person and/or any person affected thereby based on any act

or omission directly authorized, approved or confirmed in the judgment

or order. This section does not apply where the judgment or order is

obtained by fraud or conspiracy or by misrepresentation contained in the

notice, petition, account, or in the judgment or order as to any

material fact. For purposes of this subdivision, misrepresentation of a

material fact includes but is not limited to the omission of a material

fact.

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

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