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DO? File in the appropriate county of venue. Contact the guardianship department of the particular county where you are filing to ask about forms and local procedures. ... The Mental Hygiene Law is very specific about what the petition must contain, down to the size of the font that you must use in the order to show cause.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.
A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.
To start an Article 81 Guardianship case for an alleged incapacitated person, the person filing the case (the petitioner) must complete the following 4 steps: Fill out these court forms: ... File the Petition. ... Pay the filing fee and index number fee. ... Serve the papers.
An Article 81 Guardianship is a legal proceeding under NYS Mental Hygiene Law in the Supreme Court for individuals who lack mental capacity to execute advance directives or whose advance directives are not comprehensive.