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 1759 Duration of guardianship 1

Surrogate's Court Procedure (SCP)

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.