2006 New York Code - Standby Guardian Of A Mentally Retarded Or Developmentally Disabled Person

  § 1757. Standby  guardian  of  a  mentally  retarded  or developmentally
            disabled person
    1. Upon application, a standby guardian of the person or  property  or
  both  of  a  mentally retarded or developmentally disabled person 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 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 sixty 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 mentally retarded  or  developmentally  disabled
  person  or  the  mentally retarded or developmentally disabled person if
  such person is eighteen years of age or older, or upon its discretion.

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