New York Guardianship Expenditures

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Multi-State
Control #:
US-534-G
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This is a guardianship expenditures check list.
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FAQ

Custody refers to a child's biological parents, whereas guardianship would be given to a non-biological parent.

Often, there won't be complete compensation for your efforts and time expended. However, if the guardianship estate allows for it, the court will award compensation to the guardian based on what is available currently and what will remain for the future use of your ward.

Types of guardianship relationships usually approved by the court: Full guardianship. This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. ... Limited guardianship. ... Co-guardianships. ... Short term guardianship. ... Guardianship ad litem.

A court appointed guardian for a child has the same power to make decisions for the child as a parent would. The guardianship will typically last until the child is 18 or 21 years old, depending on the circumstances of the case and which court granted guardianship, Surrogate Court or Family Court.

SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.

What is an Article 81 Guardianship? 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.

As mentioned above, guardians in New York have the same rights as a custodial parent to a child.

To act as a Guardian, you must receive a Commission to Guardian. The Com- mission is issued when you have signed a Consent and a Designation and filed it with the County Clerk and, for most Guardians of the Property, when you have filed a Bond with the Clerk as well.

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New York Guardianship Expenditures