New York Surrogate's Court Procedure Act Code § 1752

Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed...
Open in Lexace · Ask the AI about this section
§ 1752. Petition for appointment; contents\n  The petition for the appointment of a guardian shall be filed with the\ncourt on forms to be prescribed by the state chief administrator of the\ncourts. Such petition for a guardian of a person who is intellectually\ndisabled or a person who is developmentally disabled shall include, but\nnot be limited to, the following information:\n  1. the full name, date of birth and residence of the person who is\nintellectually disabled or a person who is developmentally disabled;\n  2. the name, age, address and relationship or interest of the\npetitioner to the person who is intellectually disabled or a person who\nis developmentally disabled;\n  3. the names of the parents, children, adult siblings if eighteen\nyears of age or older, the spouse and primary care physician if other\nthan a physician having submitted a certification with the petition, if\nany, of the person who is intellectually disabled or a person who is\ndevelopmentally disabled and whether or not they are living, and if\nliving, their addresses and the names and addresses of the nearest\ndistributees of full age who are domiciliaries, if both parents are\ndead;\n  4. the name and address of the person with whom the person who is\nintellectually disabled or a person who is developmentally disabled\nresides if other than the parents or spouse;\n  5. the name, age, address, education and other qualifications, and\nconsent of the proposed guardian, standby and alternate guardian, if\nother than the parent, spouse, adult child if eighteen years of age or\nolder or adult sibling if eighteen years of age or older, and if such\nparent, spouse or adult child be living, why any of them should not be\nappointed guardian;\n  6. the estimated value of real and personal property and the annual\nincome therefrom and any other income including governmental\nentitlements to which the person who is intellectually disabled or\nperson who is developmentally disabled is entitled; and\n  7. any circumstances which the court should consider in determining\nwhether it is in the best interests of the person who is intellectually\ndisabled or person who is developmentally disabled to not be present at\nthe hearing if conducted.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.