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Commonly Asked Questions about Conservatorship Legal Forms

Types of guardianship relationships usually approved by the court: Full guardianship. This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. Limited guardianship. Co-guardianships. Short term guardianship. Guardianship ad litem.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.
A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.
In New York, you must petition a New York Surrogates Court to appoint you as conservator (a guardian of the property in New York legal parlance). You must file certain paperwork, assemble evidence, attend a hearing, and prove your case using a heightened standard of proof.
GC-310 Petition for Appointment of Probate Conservator. GC-020 Notice of Hearing. GC-320 Citation for Conservatorship. GC-314 Confidential Conservator Screening Form. GC-312 Confidential Supplemental Information. GC-335 Capacity Declaration (for dementia powers/medical consent only) GC-348 Duties of Conservator.
Guardianship requires going to court and only a judge can appoint a guardian. A person may need a guardian if they are unable to make decisions, manage their affairs, and are at risk of harm because of serious illness, disability, dementia, or other conditions that impacts their ability to think and act clearly.
As mentioned above, guardians in New York have the same rights as a custodial parent to a child.
The Difference Between a Custodian and a Guardian in New York. A custodian is responsible for the physical custody of a child, and a guardian has legal authority to make decisions on the childs behalf of a child.

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