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This entry was published on 2014-09-22
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Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 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