N.Y. Surrogate's Court Procedure Act § 1757: Standby guardian of a person who is intellectually disabled or person who is developmentally disabled 1

§ 1757. Standby guardian of a person who is intellectually disabled or

person who is developmentally disabled

1. Upon application, a standby guardian of the person or property or

both of a person who is intellectually disabled or person who is

developmentally disabled may be appointed by the court. The court may

also, upon application, appoint an alternate and/or successive

alternates to such standby guardian, to act if such standby guardian

shall die, or become incapacitated, or shall renounce. Such appointments

by the court shall be made in accordance with the provisions of this

article.

2. Such standby guardian, or alternate in the event of such standby

guardian's death, incapacity or renunciation, shall without further

proceedings be empowered to assume the duties of his or her office

immediately upon death, renunciation or adjudication of incompetency of

the guardian or standby guardian appointed pursuant to this article,

subject only to confirmation of his or her appointment by the court

within one hundred eighty days following assumption of his or her duties

of such office. Before confirming the appointment of the standby

guardian or alternate guardian, the court may conduct a hearing pursuant

to section seventeen hundred fifty-four of this article upon petition by

anyone on behalf of the person who is intellectually disabled or person

who is developmentally disabled or the person who is intellectually

disabled or person who is developmentally disabled if such person is

eighteen years of age or older, or upon its discretion.

3. Failure of a standby or alternate standby guardian to assume the

duties of guardian, seek court confirmation or to renounce the

guardianship within sixty days of written notice by certified mail or

personal delivery given by or on behalf of the person who is

intellectually disabled or person who is developmentally disabled of a

prior guardian's inability to serve and the standby or alternate standby

guardian's duty to serve, seek court confirmation or renounce such role

shall allow the court to:

(a) deem the failure an implied renunciation of guardianship, and

(b) authorize, notwithstanding the time period provided for in

subdivision two of this section to seek court confirmation, any

remaining standby or alternate standby guardian to serve in such

capacity provided (i) an application for confirmation and appropriate

notices pursuant to subdivision one of section seventeen hundred

fifty-three of this article are filed, or (ii) an application for

modification of the guardianship order pursuant to section seventeen

hundred fifty-five of this article is filed.