Upon motion, the court appointing a guardian may remove such guardian
when the guardian fails to comply with an order, is guilty of
misconduct, or for any other cause which to the court shall appear just.
Notice of motion shall be served on the guardian and persons entitled to
receive notice pursuant to paragraph three of subdivision (c) of section
81.16 of this article. The motion may be made by the person examining
initial and annual reports pursuant to section 81.32 of this article, or
by any person entitled to commence a proceeding under this article,
including the incapacitated person. The court may fix the compensation
of any attorney or person prosecuting the motion. It may compel the
guardian to pay personally the costs of the motion if granted.
Structure New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.01 - Legislative Findings and Purpose.
81.02 - Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.
81.06 - Who May Commence a Proceeding.
81.09 - Appointment of Court Evaluator.
81.12 - Burden and Quantum of Proof.
81.14 - Record of the Proceedings.
81.16 - Dispositional Alternatives.
81.17 - Nomination of Guardian.
81.18 - Foreign Guardian for a Person Not Present in the State.
81.19 - Eligibility as Guardian.
81.21 - Powers of Guardian; Property Management.
81.22 - Powers of Guardian; Personal Needs.
81.25 - Filing of Bond by Guardian.
81.26 - Designation of Clerk to Receive Process.
81.27 - Commission to Guardian.
81.28 - Compensation of Guardian.
81.29 - Effect of the Appointment on the Incapacitated Person.
81.32 - Examination of Initial and Annual Reports.
81.33 - Intermediate and Final Report.
81.34 - Decree on Filing Instruments Approving Accounts.
81.36 - Discharge or Modification of Powers of Guardian.
81.37 - Resignation or Suspension of Powers of Guardian.
81.39 - Guardian Education Requirements.
81.40 - Court Evaluator Education Requirements.
81.41 - Court Examiner Education Requirements.
81.43 - Proceedings to Discover Property Withheld.
81.44 - Proceedings Upon the Death of an Incapicitated Person.