Modification order Any person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, or... · as in force on May 31, 2026
§ 1755. Modification order
Any person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, or any person on behalf of any person who is intellectually disabled or person who is developmental disabled for whom a guardian has been appointed, may apply to the court having jurisdiction over the guardianship order requesting modification of such order in order to protect the person who is intellectually disabled's, or person who is developmentally disabled's financial situation and/or his or her personal interests. The court may, upon receipt of any such request to modify the guardianship order, appoint a guardian ad litem. The court shall so modify the guardianship order if in its judgment the interests of the guardian are adverse to those of the person who is intellectually disabled or person who is developmentally disabled or if the interests of justice will be best served including, but not limited to, facts showing the necessity for protecting the personal and/or financial interests of the person who is intellectually disabled or person who is developmentally disabled.
A ward age 18 or older, or anyone acting for a ward, may ask the guardianship court to modify the order to protect the ward’s personal or financial interests. The court may appoint a guardian ad litem and must modify the order when the guardian’s interests conflict with the ward’s or when justice is best served, including when protection of personal or financial interests is necessary. ★
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.
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.