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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. To obtain guardianship of a child, a person must file a petition in court.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

You may be the Guardian of the Person, meaning you have the authority to make personal decisions on behalf of the Incapacitated Person, and/or you may be the Guardian of the Property, meaning that you have the authority to manage the finances of the Incapacitated Person.

What is a Standby Guardian? In New York, a Standby Guardian is someone who has temporary authority to care for someone else's minor child.

Have two adults sign the Designation of Standby Guardian form, as witnesses. These two adults must be different from the people named as standby guardian(s). File the Petition for Appointment of a Standby Guardian form along with the Designation of Standby Guardian form in either Surrogate Court or Family Court.

A judge can appoint an Article 81 guardian to help a person manage their personal needs or property or both. Examples of personal needs include, but are not limited to: making healthcare decisions. deciding where the person should live. applying for government or private benefits, on behalf of the person.