NY legal guardianship law allows nearly anyone to be a child's guardian as long as it can be shown that the arrangement will be in the best interest of the child. A guardianship doesn't sever the legal relationship that exists between a child and his or her biological parents, however. Guardianship is often over a child or an individual who has become incapacitated through age or disability. The first step in the process is to obtain and complete PC form 625, Petition for Appointment of Guardian … You'll also want to file a letter of … Even people with criminal convictions may serve as a legal guardian, but NY legal guardianship law is likely to remove from consideration anyone who has been convicted of offenses against children. The final kind of guardianship under New York legal guardianship law is called a stand-by guardian, who makes decisions only if the parent becomes incapacitated (for instance, a terminally ill parent may want a stand-by guardian arrangement to minimize the difficulty of a child's care transitioning to a guardian). Guardianship of Children in New York In New York, the court governing the guardianship of children depends on the circumstances under which a person has applied for this kind of care. Parents can also designate this role to someone in their will or revocable living trust. Instead, it co-exists with that legal … This … © LegalZoom.com, Inc. All rights reserved. If the parents die and a judge in Surrogate’s Court approves, then the person named in the will can become the child’s legal guardian. In New York, this person may be in charge of a child's personal being, his or her property, or both. Thank you for subscribing to our newsletter! This guide will discuss the way that New York guardianship law works, including eligibility guidelines for legal guardianship and the types of guardianship arrangements permissible under the law. To act as someone’s legal guardian or conservator, the individual petitioning for guardianship must go to court to have the ward declared incompetent based on expert findings. Situations that can lead to this include: In New York, the court governing the guardianship of children depends on the circumstances under which a person has applied for this kind of care. A child may need a guardian of the estate if he or she inherits money or assets. Guardianship is an extreme measure. Like a child's parents, a legal guardian is legally responsible to third parties for damage done by the child's acts, intentional and negligent. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. One must file an appropriate petition form in the county where the child lives. It is a good idea for all parents to designate a guardian for their child in the unlikely event they die or become incapacitated. OR! However, it does not sever the biological parents’ legal relationship with the child. Terms of Use and According to New York legal guardianship law, only family court judges are allowed to make final determinations on guardianship. As the eyes and ears of the Court, the court evaluator will meet with the possible incapacitated individual, investigate and report whether or not a … The guardian is appointed by a judge to act on behalf of someone who cannot manage his or her own personal affairs. Guardianship of minors pertains to a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. Any time you ask the court to act, you are at the court’s mercy and time schedule. If you do allow her to drive, you must get … The biological parents are still legally recognized as the child’s parents even if the child is living with a guardian. In New York, the appropriate petition and court to file in are dependent on your circumstances. There are specific requirements that must be met and the arrangement must be agreed to by a judge in a court of law. Legal guardianship gives the adult guardian the rights and responsibilities to take care of the child. NY legal guardianship law allows nearly anyone to be a child's guardian as long as it can be shown that the arrangement will be in the best interest of the child. Normally, Guardianship of the person of a minor are filed in the Family Court… Our network attorneys have an average customer rating of 4.8 out of 5 stars. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. The parent specifies the situation under which standby care starts, such as when the parent dies or when the parent becomes too ill to continue caring for the children. When you become your child's guardian, you take on legal … While a parent may choose the person they want to be their child's guardian, the decision is ultimately up to the court. An Article 17-A Guardianship is very broad and covers most decisions that are usually made by a parent for a child such as financial and healthcare decisions. While a court may appoint a guardian if a child's parents are … Guardianship is a legal arrangement established by a court in which a nonparent takes over the responsibilities of caring for a child. … Privacy Policy. A guardian of the property is responsible only for someone's money, while a guardian ad litem is someone who acts in a child's best interests in legal proceedings. Both Surrogate's Court and Family Court can appoint a guardian of the person for a child. Complete the forms, indicating that you are seeking guardianship of a minor or adult child with down's syndrome. When the child is over 14 years of age and the parents are alive, both parents and the child must consent in most circumstances. In general, anyone who is unable to care for themselves may need a legal guardian appointed by the state according to NY legal guardianship law. If the person is ruled … Both Surrogate's Court and Family Court have the power to appoint a guardian for the person of the child. In New York State, a guardianship case is handled by the the Family Court, Supreme Court or Surrogate's Court depending on the type of guardianship asked for and the person over whom … Costly and time consuming your circumstances with you, every step of the estate if he or inherits! Can choose the person s/he wants as legal guardian for the person they want to be their child 's being! $ 10,000, the petition is filed in Surrogate 's court and Family court have the power to a. 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