2006 New York Code - Guardian Of Infant.



 
    Rule  1210.  Guardian of infant. (a) Petition for appointment; by whom
  presented; contents. An infant, if of the age of fourteen years or more,
  or a relative or friend of an infant, may  present  a  petition  to  the
  court  for  appointment  of a guardian. The petition shall state the age
  and residence of the infant, the name and residence of any living parent
  and of the person proposed as guardian, the relationship  if  any  which
  such person bears to the infant, and the nature, status and value of the
  infant's estate.
    (b)  Hearing.  The  court  shall  ascertain the age of the infant, the
  amount of his personal property, the gross amount or value of the  rents
  and  profits of his real estate during his minority, and the sufficiency
  of the security offered by the proposed guardian. If the  infant  is  of
  the age of fourteen years or more, the court shall examine him as to his
  voluntary  nomination of or preference for a suitable guardian; if he is
  under the age of fourteen, the court shall select and appoint a suitable
  guardian.
    (c) Undertaking. The court shall make an order requiring or dispensing
  wholly or partly with an undertaking, in an amount and according to  the
  conditions   set  forth  in  section  seventeen  hundred  eight  of  the
  surrogate's court procedure act.
    (d) Direction as to management of estate. The court in its  discretion
  may  direct  that  the  principal  of  the  estate  or any part of it be
  invested in bonds of the state of New York or of the United  States,  or
  invested  in  bonds  or  other  obligations  of  any county, city, town,
  village or school district of the state of New York, or  deposited  with
  any bank, trust company, insured savings and loan association or insured
  savings  bank  or  insured  state or federal credit union which has been
  designated as a depository for such fund; or  invested  in  a  bond  and
  mortgage  on unincumbered and improved property within the state, having
  a value, to be shown to the satisfaction  of  the  court,  of  at  least
  double  the amount of principal invested, for the benefit of the infant,
  and may direct that only the interest  or  income  be  received  by  the
  guardian.
    (e)  Filing  of  certified  copy  of  order  of  appointment. Upon the
  appointment of a guardian of the person or  property,  or  both,  of  an
  infant,  the  guardian  shall  file a certified copy of the order of his
  appointment with the clerk of the surrogate's court  of  the  county  in
  which he has been appointed.

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