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Commonly Asked Questions about Guardianships Legal 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.
As mentioned above, guardians in New York have the same rights as a custodial parent to a child.
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.
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.
An Affidavit of Guardianship (South) is a legal document used to appoint a guardian for a minor child or an adult with special needs. The document is prepared and signed in the presence of a notary public and is used to provide a legal record of the appointment of the guardian. Legal Guardianship Document - Fill Online, Printable, Fillable, Blank .com .com
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.
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.