§ 79.09 Consolidated procedure.

Terms Used In N.Y. Mental Hygiene Law 79.09

  • 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

Upon petition for the appointment of a guardian the court may appoint such guardian to receive not only benefits from the veterans' administration and income from such benefits, but such other property of the ward to which he may be entitled and which is not then being administered by a committee appointed pursuant to the provisions of article seventy-eight of this chapter in the case of an incompetent or pursuant to article seventy-seven of this chapter in the case of a conservatee, or guardian appointed pursuant to the provisions of the surrogate's court procedure act in the case of an infant; provided, however, that if objection to such appointment of a guardian be made by or on behalf of such ward, such appointment shall not be made except upon compliance with said provisions of this chapter in the case of an incompetent or conservatee, or the surrogate's court procedure act in the case of an infant.