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New York Petition for Appointment/Confirmation of Standby Guardian (SCPA Article 1757) [CSMD-1,CSMD-2,CSMD-3,CSMD-4,CSMD-5,CSMD-6]
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NY-SGD-CSMD-1
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How to fill out New York Petition For Appointment/Confirmation Of Standby Guardian (SCPA Article 1757) [CSMD-1,CSMD-2,CSMD-3,CSMD-4,CSMD-5,CSMD-6]?
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FAQ
A guardianship case can be started by filing paperwork called "Petition for Appointment of Guardian" in the county where the child lives. This paper work can be filed in either Surrogate's Court or the Family Court. Both Surrogate's Court and Family Court can appoint a guardian of the person for a child.
A legal guardian is a person who has been court appointed to care for another person, and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward's personal and property interests.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
Fill out the forms. Adult's Statement - Guardianship of Child (0.01 MB) Claim - Family Law Act (0.1 MB) File your order. Do this at the same court, in the same location, where you've either: already been to court with the other party. started any court action that hasn't gone to court.
Print a temporary guardianship form. Fill it out completely. Have the temporary guardianship form notarized. This essential step assures anyone receiving the form (such as medical personnel) that it is indeed your signature on the form.
This will involve factors such as stability in the child's upbringing, the child's stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.
A: From the time that the petition for guardianship is filed, it may take up to four months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation, by the court, as to the appropriateness of the guardianship.