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SECTION 1757
Standby guardian of a person who is intellectually disabled or person who is developmentally disabled 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 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.