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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1759: Duration of guardianship 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 17-A. Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled

§ 1759. Duration of guardianship

1. Such guardianship shall not terminate at the age of majority or

marriage of such person who is intellectually disabled or person who is

developmentally disabled but shall continue during the life of such

person, or until terminated by the court.

2. A person eighteen years or older for whom such a guardian has been

previously appointed or anyone, including the guardian, on behalf of a

person who is intellectually disabled or person who is developmentally

disabled for whom a guardian has been appointed may petition the court

which made such appointment or the court in his or her county of

residence to have the guardian discharged and a successor appointed, or

to have the guardian of the property designated as a limited guardian of

the property, or to have the guardianship order modified, dissolved or

otherwise amended. Upon such a petition for review, the court shall

conduct a hearing pursuant to section seventeen hundred fifty-four of

this article.

3. Upon marriage of such person who is intellectually disabled or

person who is developmentally disabled for whom such a guardian has been

appointed, the court shall, upon request of the person who is

intellectually disabled or person who is developmentally disabled,

spouse, or any other person acting on behalf of the person who is

intellectually disabled or person who is developmentally disabled,

review the need, if any, to modify, dissolve or otherwise amend the

guardianship order including, but not limited to, the appointment of the

spouse as standby guardian. The court, in its discretion, may conduct

such review pursuant to section seventeen hundred fifty-four of this

article.

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

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