§ 79.31 Discharge of guardian.

Terms Used In N.Y. Mental Hygiene Law 79.31

  • administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
  • benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
  • ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01

(a) When a minor ward for whom a guardian has been appointed under the provisions of this article or other laws of this state shall have attained his or her majority, and if incompetent, shall be declared competent by the administration and the court, and when any incompetent ward, not a minor, shall be declared competent by said administration and the court, the guardian shall upon making a satisfactory accounting be discharged upon a petition filed for that purpose. Provided, however, if a guardian has received other property in addition to the benefits from the administration and income from such benefits, his discharge as to such property shall, in the case of an incompetent ward, be governed by the laws which govern the discharge of a committee of an incompetent, and in the case of an infant ward, by the laws which govern the discharge of a guardian of an infant.