This form is an official State of New York Family Court sample form, a detailed Order Regarding Incapacitated Person - after Probable Cause Hearing. Available for download in Wordperfect, and Adobe pdf formats.
New York Order Regarding Incapacitated Person After Probable Cause Hearing
State:
New York
Control #:
NY-3-19
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PDF;
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FAQ
A Violation is an offense other than a traffic infraction for which a sentence to a term of imprisonment of up to 15 days may be imposed (New York State Penal Law, Article 10). It is the least serious type of proscribed activity and encompasses such offenses as harassment, trespass, and disorderly conduct.
Prosecuting Attorney/Prosecutor/Assistant District Attorney: The lawyer from the state or District Attorney's office, who prosecutes criminal cases on behalf of the people of the State of New York.
Assuming they all agree and your father needs a guardian, you should be appointed fairly quickly. So, it could be anywhere from $1000 to $2000 depending on all of the factors. Maybe less than $1000 if it is a straightforward case. However, it is probably better if you get a lawyer to help you.
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.
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.
Class E felonies can also be theft, assault, forcible touching, or aggravated harassment. A class E felony NY sentence might be 2-5 years in jail, depending upon the circumstances of the case.
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.
Most importantly, when a judge reduces a felony to a misdemeanor, one can legally state thereafter that he or she has never been convicted of a felony. Once an offense is reduced to a misdemeanor and one has successfully completed all terms of probation, expungement of the conviction is available.
Format of Guardianship Document The document should be a statement opening with the name, phone number, city, state, and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates. Next, you should list the party to whom legal guardianship will be handed off.