Ny Guardian Withdrawal
Description
How to fill out New York Proceeding For The Appointment Of A Permanent Guardian Of The Person And Estate Of An Adult Due To Mental Illness?
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FAQ
A court appointed guardian for a child has the same power to make decisions for the child as a parent would.
NOTE: Whatever the reason is for ending the Guardian, you may not just stop on your own. In order to formally end your responsibilities you must ask the judge to discharge you and ask for permission to submit a ?final accounting?. If your ward has died you must send the judge a copy of the Death Certificate.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
The ward needs to initiate the process of terminating guardianship in New York. They must submit a petition to the court that requests the termination of the guardianship. The petition must clearly state the reasons why guardianship is no longer necessary and why it should be terminated.