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This entry was published on 2016-07-29
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SECTION 1759
Duration of guardianship 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 1759. 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.