Restoration of Rights
Because guardianship is created by a court, it must be dissolved in court. A best practice goal should always be to restore the rights of individuals who are capable of making their own decisions individually or with the assistance of others in a least restrictive manner. Article 17-A, unlike Article 81 Guardianship does not expressly authorize modification or termination of the guardianship when, among other things, the person has become able to exercise some or all of the powers which the guardian is authorized to exercise. However, since the Surrogate's Court retains jurisdiction over the guardianship, it may consider applications to modify or terminate the guardianship. If The Arc New York (NYSARC, Inc.) is serving as the Guardian and there are people seeking help in removing their guardian, the Chapter Guardianship Staff is responsible for helping the individual receive legal assistance either through the Mental Hygiene Legal Service and/or private attorney.
If the individual has someone other than The Arc New York (NYSARC, Inc.) as their guardian, then they can seek help by contacting Disability Rights of New York (DRNY) at (518) 432-7861, or online at www.drny.org. An Intake Specialist will collect some confidential information and the case will then be referred to an attorney. The attorney will explain the restoration process, identify the client’s goals and concerns, help collect documents and, with the client’s consent, talk to people who might support the restoration. All information shared between the client and the attorney is confidential. The attorney will review the case and make recommendations to the client. If the client and attorney agree that there is enough evidence to dissolve the guardianship, the attorney will prepare legal documents to file with the court.
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