SCPA 1755 — Legislation
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SECTION 1754
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ARTICLE 17-A
Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled
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SECTION 1756
Limited guardian of the property When it shall appear to the satisfaction of the court that such person who is intellectually disabled or...
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SECTION 1755
Modification order Any person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, or...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 1755. Modification order
Any person who is intellectually disabled or person who is
developmentally disabled eighteen years of age or older, or any person
on behalf of any person who is intellectually disabled or person who is
developmental disabled for whom a guardian has been appointed, may apply
to the court having jurisdiction over the guardianship order requesting
modification of such order in order to protect the person who is
intellectually disabled's, or person who is developmentally disabled's
financial situation and/or his or her personal interests. The court may,
upon receipt of any such request to modify the guardianship order,
appoint a guardian ad litem. The court shall so modify the guardianship
order if in its judgment the interests of the guardian are adverse to
those of the person who is intellectually disabled or person who is
developmentally disabled or if the interests of justice will be best
served including, but not limited to, facts showing the necessity for
protecting the personal and/or financial interests of the person who is
intellectually disabled or person who is developmentally disabled.