New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.37 - Resignation or Suspension of Powers of Guardian.

(a) The court appointing a guardian may allow the guardian to resign
or may suspend the powers of the guardian.
(b) Where a guardian is engaged in war service as defined in section
seven hundred seventeen of the surrogate's court procedure act, the
court, upon motion by the guardian or any other person and upon such
notice as the court may direct, may suspend the powers of the guardian
until further order of the court. If the suspension will leave no other
person acting as guardian, the motion shall seek the appointment of a
successor. When the suspended guardian becomes able to serve, he or she
may be reinstated by the court upon motion and such notice as the court
may direct. If the suspended guardian is reinstated, the court shall
thereupon discharge his or her successor, who may be required to
account, and make any other order as justice requires.

Structure New York Laws

New York Laws

MHY - Mental Hygiene

Title E - General Provisions

Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management

81.01 - Legislative Findings and Purpose.

81.02 - Power to Appoint a Guardian of the Person And/or Property; Standard for Appointment.

81.03 - Definitions.

81.04 - Jurisdiction.

81.05 - Venue.

81.06 - Who May Commence a Proceeding.

81.07 - Notice.

81.08 - Petition.

81.09 - Appointment of Court Evaluator.

81.10 - Counsel.

81.11 - Hearing.

81.12 - Burden and Quantum of Proof.

81.13 - Timing of Hearing.

81.14 - Record of the Proceedings.

81.15 - Findings.

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.

81.20 - Duties of Guardian.

81.21 - Powers of Guardian; Property Management.

81.22 - Powers of Guardian; Personal Needs.

81.23 - Provisional Remedies.

81.24 - Notice of Pendency.

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.

81.30 - Initial Report.

81.31 - Annual Report.

81.32 - Examination of Initial and Annual Reports.

81.33 - Intermediate and Final Report.

81.34 - Decree on Filing Instruments Approving Accounts.

81.35 - Removal of Guardian.

81.36 - Discharge or Modification of Powers of Guardian.

81.37 - Resignation or Suspension of Powers of Guardian.

81.38 - Vacancy in Office.

81.39 - Guardian Education Requirements.

81.40 - Court Evaluator Education Requirements.

81.41 - Court Examiner Education Requirements.

81.42 - Compliance.

81.43 - Proceedings to Discover Property Withheld.

81.44 - Proceedings Upon the Death of an Incapicitated Person.