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Commonly Asked Questions about Guardianship Order Forms

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.
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.
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.
Resigning: If a guardian wants to resign, they must file papers with the court (make a motion) asking permission to resign and file their final guardianship accounting. A guardian will often suggest a replacement (successor guardian) to take their place if no standby guardian has been named.
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.
Filing a Petition in Family Court. If a parent is unable or unwilling to care for their child on a more permanent basis, a guardianship petition may be necessary. To start the guardianship process, you need to file a petition in the family court in the county where the child lives.