§ 81.35 Removal of guardian.\n Upon motion, the court appointing a guardian may remove such guardian\nwhen the guardian fails to comply with an order, is guilty of\nmisconduct, or for any other cause which to the court shall appear just.\nNotice of motion shall be served on the guardian and persons entitled to\nreceive notice pursuant to paragraph three of subdivision (c) of section\n81.16 of this article. The motion may be made by the person examining\ninitial and annual reports pursuant to section 81.32 of this article, or\nby any person entitled to commence a proceeding under this article,\nincluding the incapacitated person. The court may fix the compensation\nof any attorney or person prosecuting the motion. It may compel the\nguardian to pay personally the costs of the motion if granted.\n
N.Y. Mental Hyg. Law § 81.35
Removal of guardian
Applied in 3 court decisions — leading case Matter of Helen S. (Falero) (2015)
Most recently applied in Matter of Agam S. B.-L. (Janna W.--Richard P.) (October 2021)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.