SCPA § 1712

Appointment of successor When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers ...  ·  as in force on May 31, 2026

§ 1712. Appointment of successor

When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers conferred by the will or deed and with the effect prescribed in 706 of this act unless such appointment would be contrary to the express provisions of the will or deed.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1712

In plain English

When no guardian appointed by will or deed remains in office, the court may appoint a successor with all powers granted by the instrument and the effect stated in § 706, unless the appointment would conflict with the will or deed’s express terms. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.