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This entry was published on 2016-07-29
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SECTION 1753
Persons to be served 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 1753. 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.