2020 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.36 - Discharge or Modification of Powers of Guardian.

§ 81.36 Discharge or modification of powers of guardian.
  (a)  The  court appointing the guardian shall discharge such guardian,
or modify the powers of the guardian where appropriate, if it appears to
the satisfaction of the court that:
  1. the incapacitated person has become able to exercise some or all of
the  powers  necessary  to  provide  for  personal  needs  or   property
management which the guardian is authorized to exercise;
  2.  the  incapacitated  person  has  become  unable to exercise powers
necessary to provide for personal needs or property management which the
guardian is not authorized to exercise;
  3. the incapacitated person has died; or
  4. for some other reason, the appointment of the guardian is no longer
necessary for the incapacitated person, or the powers  of  the  guardian
should  be  modified  based  upon  changes  in  the circumstances of the
incapacitated person.
  (b) The application for relief under this section may be made  by  the
guardian, the incapacitated person, or any person entitled to commence a
proceeding under this article.
  (c)  There  shall  be  a  hearing on notice to the persons entitled to
notice pursuant to paragraph three of subdivision (c) of  section  81.16
of  this  article.  The court may for good cause shown dispense with the
hearing provided that an order of modification increasing the powers  of
the  guardian  shall set forth the factual basis for dispensing with the
hearing. If the incapacitated person or his or  her  counsel  raises  an
issue  of  fact as to the ability of the incapacitated person to provide
for his or her personal needs or property management and demands a  jury
trial of such issue, the court shall order a trial by jury thereof.
  (d)  To  the  extent  that  relief  sought  under  this  section would
terminate  the  guardianship  or   restore   certain   powers   to   the
incapacitated  person,  the  burden  of  proof  shall  be  on the person
objecting to such relief. To the extent that relief  sought  under  this
section  would further limit the powers of the incapacitated person, the
burden shall be on the person seeking such relief.
  (e) If the guardian is discharged  because  the  incapacitated  person
becomes  fully  able  to  care  for his or her property, the court shall
order that there be restored to such person the  property  remaining  in
the  hands  of  the  guardian.  If  the  incapacitated  person dies, the
guardian shall provide for such person's burial or other disposition the
cost of which shall be borne by the estate of the incapacitated person.