How do I file for guardianship in NY?

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.

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What is guardian petition?

—(1) A guardian appointed or declared by the Court may apply by petition to the Court which appointed or declared him for its opinion, advice or direction on any present question respecting the management or administration of the property of his ward.

How do I terminate my guardianship in NY?

In order to terminate a guardianship in New York, the ward would have to petition the court to vacate the guardianship, stating the reasons why the guardianship is no longer needed, and request the court to terminate the guardianship.

Do legal guardians get paid?

When appointed by the court, a guardian makes decisions for the ward to ensure that the ward’s medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. A guardian is generally paid an amount which is not more than five percent of the ward’s yearly income.

Can grandfather be a guardian?

Among the Shias, after the father, the guardianship belongs to the grandfather, even if the father has appointed an executor, the executor of the father becomes the guardian only in the absence of the grandfather. No other person can be natural guardian, not even the brother.

Can husband be a legal guardian?

Normally, the husband is the natural legal guardian of a married girl. But under the Hindu Minority and Guardianship Act, 1956, the father is the natural legal guardian of an unmarried woman, irrespective of her age.

How hard is it to terminate guardianship?

Unfortunately, once the court establishes a legal guardianship, it can be difficult to end, or “terminate,” the guardianship. If the guardians agree with you that the guardianship can be ended, you and the guardians can prepare and sign a written statement ending the guardianship and giving the child back to you.

How much does guardianship cost in New York?

How does one apply for guardianship? Persons interested in applying for guardianship on behalf of a loved one would be well-advised to seek legal counsel. Application costs for guardianships may range from $1000 to $2500, depending on whether the potential ward or another family member contests the application.

Can a guardian be held liable?

However, a guardian may be held liable if they have failed in taking reasonable steps to assure that the protected person receives proper care and services, or the guardian has improperly managed the protected person’s property or finances.

Who Cannot appoint a guardian for his minor illegitimate children?

If mother does not appoint, father’s appointee will become the guardian. It seems that a Hindu father cannot appoint a guardian of his minor illegitimate children even when he is entitled to act as their natural guardian, as Section 9(1) confers testamentary power on him in respect of legitimate children.

Can a wife be a guardian?

of a minor who is a married female and whose husband is not, in the opinion of the Court, fit to be guardian of her person, or. of a minor whose father is living and is not, in the opinion of the court, fit to be guardian of the person of the minor.