SCPA § 1758

Court jurisdiction 1 · as in force on May 31, 2026

§ 1758. Court jurisdiction

1. The jurisdiction of the court to hear proceedings pursuant to this article shall be subject to article eighty-three of the mental hygiene law.

2. After the appointment of a guardian, standby guardian or alternate guardians, the court shall have and retain general jurisdiction over the person who is intellectually disabled or person who is developmentally disabled for whom such guardian shall have been appointed, to take of its own motion or to entertain and adjudicate such steps and proceedings relating to such guardian, standby, or alternate guardianship as may be deemed necessary or proper for the welfare of such person who is intellectually disabled or person who is developmentally disabled.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1758

In plain English

The court’s guardianship jurisdiction is subject to Mental Hygiene Law article 83 and continues after appointment.

(1) Article 83 controls the court’s authority to hear these proceedings.
(2) After appointing a guardian, standby, or alternate, the court keeps general jurisdiction over the ward and may act on its own or decide proceedings needed for the ward’s welfare. ★

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.