I Don’t Want to Be a Guardian Anymore in New York

No. A guardian’s authority comes from a court Order & Judgment; only the court can relieve you. Stopping without court permission risks contempt, removal for cause, personal liability, and delay in releasing your bond. Formal discharge (or resignation approved by the court) is required, and you must file a final accounting. 

Discharge/Modification: Court ends or narrows your powers when the IP improves, dies, or circumstances change so a guardian is no longer needed. (MHL §81.36.)
Resignation: You ask the court to let you step down; court may suspend powers and appoint a successor. (MHL §81.37; §81.38.)
Removal: Someone moves to oust you for misconduct, failure to comply, or other cause; not voluntary. (MHL §81.35.)
These paths often converge in practice because the court will usually also require a final report/accounting (MHL §81.33). 

The guardian, the incapacitated person, or any person entitled to commence an Article 81 proceeding (for example, certain relatives or interested parties) may apply under MHL §81.36(b). Practical guides confirm that interested persons—including the IP—may seek to end or change a guardianship where circumstances warrant. 

File a motion (many counties prefer an Order to Show Cause) requesting permission to resign, approval of your final or interim accounting, and appointment of a successor guardian (or confirmation of the standby guardian, if designated). The court may suspend your powers and install a successor; you remain responsible until the court signs an order. The NY Courts guidance encourages proposing a successor when you move to resign; if none is suggested, the court will choose. 

If your resignation would leave the IP without coverage, the court can appoint an interim guardian for up to 90 days (or until a final accounting and successor appointment) under MHL §81.38(a). Where a standby guardian was named in the original Order & Judgment, that person may step in automatically (subject to confirmation) upon your resignation, per MHL §81.38(b). 

Bring a petition/motion to discharge or modify under MHL §81.36. Evidence can include updated medical/functional assessments, service provider affidavits, and proof of support systems in place. If the requested relief would restore rights to the IP or end the guardianship, the burden of proof is on the person objecting; if relief would further restrict the IP, the burden is on the movant. Courts typically hold a noticed hearing; the IP can demand a jury trial on factual capacity issues. 

Death automatically triggers a change in status but does not automatically close the file: you must follow MHL §81.44. Within 20 days of death you serve and file a Statement of Death on specified parties (court examiner, personal representative or—if none—the nominated rep and the Public Administrator/local DSS). Within 150 days you must (a) serve a Statement of Assets & Notice of Claim, (b) deliver guardianship property to the estate’s personal representative or Public Administrator (you may retain funds to cover known claims/costs with court approval), and (c) file your final report and move to judicially settle it. No extensions absent court order. 

Yes. When a guardian dies, is removed, suspended, discharged, or allowed to resign, the court orders a final report (MHL §81.33[b]). Courts and practice guides stress that formal discharge requires judicial settlement of that report/accounting. County procedures vary (e.g., some use a Referee/Court Examiner review; others handle on submission), so check local rules. 

Although formats vary by county, expect to submit: (1) Petition/Motion to Settle Final Account and Discharge Guardian; (2) Proposed Order to Show Cause (or Notice of Motion); (3) Final Report/Accounting itemizing receipts, disbursements, and remaining assets; (4) supporting affidavits (bond, taxes, fees); (5) if IP deceased, Statement of Death and Statement of Assets & Notice of Claim under §81.44; (6) proof of service on required parties; and (7) proposed Order settling account and discharging guardian/bond. Sample forms are available through NY Courts, and RK Law has template packets.

Personal hardship, relocation, health issues, or conflicts may justify a motion to resign. The court can accept your resignation and appoint an interim or successor guardian; in urgent cases you can seek immediate relief by Order to Show Cause requesting suspension pending hearing. Continue to safeguard the IP’s person/property until relieved. 

That’s a removal proceeding, not a voluntary resignation. Any interested person (including the IP) can move to remove a guardian for failure to comply with court orders, misconduct, or “any other cause which to the court shall appear just.” (MHL §81.35.) Practice commentary notes that courts scrutinize evidence of neglect, financial mismanagement, or hostility that harms the IP; removal can lead to surcharge and fee shifting. 

Notice tracks the Article 81 appointment notice list: persons entitled under MHL §81.16(c)(3) (typically the IP, close family/distributees, facility, etc.). Additional notice requirements apply upon death under §81.44 (personal representative, Public Administrator, local DSS). Court guidance also instructs serving the court examiner and anyone named in the Order & Judgment. Always review your appointing order—it may expand the service list. 

MHL §81.36(c) calls for a hearing on notice to decide discharge/modification, though the court may dispense with a hearing for good cause in limited cases (e.g., non‑controversial accountings). The IP (or counsel) can demand a jury trial on disputed capacity issues. In practice, uncontested resignation/accounting motions are often decided on submissions; contested matters require your appearance and testimony. 

If the requested relief would terminate the guardianship or restore rights to the IP, the objector bears the burden. If the relief would further limit the IP’s powers, the movant bears the burden. (MHL §81.36[d].) 

Timeframes vary by county, docket congestion, and whether the matter is contested. A straightforward resignation with a clean accounting can be resolved in a few months; contested termination petitions or accountings can take longer, especially if discovery is needed. Statutory death‑related deadlines (20 & 150 days) set minimum filing timing but not the court’s calendar for approval. Practical guides and recent commentary stress starting early and communicating with the guardianship part clerk. 

Your surety bond typically remains in force until the court signs an order settling your final account and discharging you; the order will also direct bond exoneration/release. Delays in filing your final report can keep the bond open (and premiums accruing). Practice materials emphasize timely accounting to close out the bond. 

Guardian compensation is governed by the appointing order and MHL provisions on guardian compensation (see generally MHL §81.28; not reproduced in full here). Courts typically fix compensation when settling accountings; amounts may be prorated to your period of service. Supporting schedules should be included in your final account. 

Yes. Article 81 guardianships are tailored. You can seek modification so that, for example, you remain guardian of the person but not property (or vice‑versa), or ask that another be appointed to share or assume the unwanted role. The court has broad authority to modify powers to the “least restrictive” level needed. (MHL §81.36; NY Courts practice guidance.) 

Early—ideally before you stop providing services or when you see capacity changes, burnout, or conflicts developing. Counsel can help you evaluate whether to seek modification vs. resignation, assemble supporting records, comply with notice rules, prepare your accounting, and avoid surcharge exposure.