Annotate Legal New York Standby Temporary Guardian Forms For Free

SCPA Article 17 governs the appointment, duties and authority of a guardian of an infant (any child under the age of 18). A guardian may be appointed of the person and property, of the person only, or of the property only of an infant.

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.

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.

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.

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.

In many cases, temporary guardianship can be obtained without going to court. This is usually done through a power of attorney agreement between the parents and the guardian. A power of attorney legally authorizes the temporary guardian to make healthcare and legal decisions on behalf of the minor.