1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled


Section 1753 Persons to be served 1

Surrogate's Court Procedure (SCP)

Persons to be served

  1. Upon presentation of the petition, process shall issue to:

  (a) the parent or parents, adult children, if the petitioner is other than a parent, adult siblings, if the petitioner is other than a parent, and if the person who is intellectually disabled or person who is developmentally disabled is married, to the spouse, if their residences are known;

  (b) the person having care and custody of the person who is intellectually disabled or person who is developmentally disabled, or with whom such person resides if other than the parents or spouse; and

  (c) the person who is intellectually disabled or person who is developmentally disabled if fourteen years of age or older for whom an application has been made in such person's behalf.

  2. Upon presentation of the petition, notice of such petition shall be served by certified mail to:

  (a) the adult siblings if the petitioner is a parent, and adult children if the petitioner is a parent;

  (b) the mental hygiene legal service in the judicial department where the facility, as defined in subdivision (a) of section 47.01 of the mental hygiene law, is located if the person who is intellectually disabled or person who is developmentally disabled resides in such a facility;

  (c) in all cases, to the director in charge of a facility licensed or operated by an agency of the state of New York, if the person who is intellectually disabled or person who is developmentally disabled resides in such facility;

  (d) one other person if designated in writing by the person who is intellectually disabled or person who is developmentally disabled; and

  (e) such other persons as the court may deem proper.

  3. No process or notice shall be necessary to a parent, adult child, adult sibling, or spouse of the person who is intellectually disabled or person who is developmentally disabled who has been declared by a court as being incompetent. In addition, no process or notice shall be necessary to a spouse who is divorced from the person who is intellectually disabled or person who is developmentally disabled, and to a parent, adult child, adult sibling when it shall appear to the satisfaction of the court that such person or persons have abandoned the person who is intellectually disabled or person who is developmentally disabled.