Conservatorship New York Withdrawal
Description
How to fill out Conservatorship Questionnaire?
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FAQ
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.
To start the guardianship process someone will file a petition with the court asking the court to appoint a guardian over you. The judge will review evidence as to your condition. If based on your mental capacity the judge determines that a guardianship is necessary the judge will make that appointment.
Generally, guardians have control over the every-day decisions and care of a minor. Conservators have similar control over an adult, but they're typically limited to financial decisions.
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.
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.