2006 New York Code - Appointment Of Guardian Ad Litem.



 
    Rule. 1202. Appointment of guardian ad litem. (a) By whom motion made.
  The  court in which an action is triable may appoint a guardian ad litem
  at any stage in the action upon its own initiative or  upon  the  motion
  of:
    1. an infant party if he is more than fourteen years of age; or
    2.  a  relative,  friend  or a guardian, committee of the property, or
  conservator; or
    3. any other party to the action if a motion has not been  made  under
  paragraph one or two within ten days after completion of service.
    (b) Notice of motion. Notice of a motion for appointment of a guardian
  ad litem for a person shall be served upon the guardian of his property,
  upon  his  committee  or  upon  his  conservator,  or  if he has no such
  guardian, committee, or  conservator,  upon  the  person  with  whom  he
  resides.  Notice  shall  also  be  served  upon  the person who would be
  represented if he is more than fourteen years of age and  has  not  been
  judicially declared to be incompetent.
    (c)  Consent.  No  order  appointing  a  guardian  ad  litem  shall be
  effective until a written consent of  the  proposed  guardian  has  been
  submitted  to the court together with an affidavit stating facts showing
  his ability to answer for any damage  sustained  by  his  negligence  or
  misconduct.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.