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In New York State, there are two separate types of guardianships Mental Hygiene Law Article 17A guardianships and Mental Hygiene Law Article 81 guardianships. While the concept of guardianship may seem straightforward, it is important to understand the differences between the two types.
In New York State, there are two separate types of guardianships Mental Hygiene Law Article 17A guardianships and Mental Hygiene Law Article 81 guardianships. While the concept of guardianship may seem straightforward, it is important to understand the differences between the two types.
The initial guardianship request is filed with the county surrogates office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate. Potential guardians can file for a standard guardianship.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.
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.
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A standby guardian is a person who is given temporary authority to care for another persons minor child, while the parent or legal guardian is still alive. The purpose of naming a standby guardian is to ensure that the child is able to receive immediate care from a trusted person if a specific event happens.
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.
1. Natural guardians, 2. Testamentary guardians, and 3. Guardians appointed or declared by the court.
A court appointed guardian for a child has the same power to make decisions for the child as a parent would. 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.
Application costs for guardianships may range from $1000 to $2500, depending on whether the potential ward or another family member contests the application. Applications are available from the local county surrogates courthouse and when completed and docHubd, are returned to the courthouse with a filing fee.

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