New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
81.38 - Vacancy in Office.

(a) Interim guardian. A vacancy created by the death, removal,
discharge, resignation, or suspension of a guardian shall be filled by
the court. Upon the application of any person entitled to commence a
proceeding under this article, the court shall appoint an interim
guardian who shall serve for a period of ninety days or until a final
accounting is filed and a successor guardian is appointed by the court.
The powers and duties of the interim guardian shall be specifically
enumerated in the order of appointment. The court may require service of
the order to show cause seeking the appointment of an interim guardian
on any persons it deems appropriate.
(b) Standby guardian. At the time of the appointment of the guardian,
the court may in its discretion appoint a standby guardian to act in the
event that the guardian shall resign, die, be removed, discharged,
suspended, or become incapacitated. The court may also appoint an
alternate and/or successive alternates to the standby guardian, to act
if the standby guardian shall resign, die, be removed, discharged,
suspended, or become incapacitated. Such standby guardian, or the
alternate in the event of the standby guardian's resignation, death,
removal, discharge, suspension or adjudication of incapacity, shall
without further proceedings be empowered to immediately assume the
duties of office immediately upon resignation, death, removal,
discharge, suspension or adjudication of incapacity, of the guardian or
the standby guardian as set forth in the order of appointment, subject
only to the confirmation of appointment by the court sixty days
following the assumption of the duties of the office. Before confirming
the appointment of a standby guardian, the court may conduct a hearing
in accordance with the provisions set forth in section 81.11 of this
article upon petition of any person entitled to commence a proceeding
under this article.

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