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A legal guardian has the same responsibilities and authority to make decisions for the child as a parent. A guardianship may be established by filing a petition in court where the minor child resides and obtaining a court order appointing a guardian for the minor child.

To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.

The ward or the guardian can petition the court to terminate the guardianship. The petitioner must provide evidence to the court that: The guardian is no longer needed or wanted. Termination of guardianship would be in the ward's best interests.

The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

You need to file the motion with the clerk of the county court that issued the original guardianship order. If your filing meets procedural requirements, the clerk will schedule a hearing and notify all the other interested parties. In some cases, you may not be able to wait for a hearing to modify guardianship.

5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.

Pursuant to the aforementioned law, a guardian in New York may petition the court to transfer his or her guardianship to another state. Notice of a petition to transfer guardianship must be given to all persons who would be entitled to notice of a petition requesting the appointment of a guardian in New York.

Short-Term Temporary Guardianship It is to last for 6 months or less; and. The parents sign and notarize a temporary guardianship agreement, and. If the child is 14 or older, the child will sign the agreement.

The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.