A guardian of the estate must make all financial decisions for the minor until the minor reaches the legal age or until the minor's assets are depleted. If a minor has a substantial amount of money or property, the court may appoint a financial guardian, or guardian of the estate, to manage and protect the minor's assets. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. While the minor's parents are legally required to continue financial support of the minor, the legal guardian must ensure that the minor receives food, shelter, clothing, education and medical care. An adult with legal custody of a minor has the responsibility to provide for the minor's physical and personal needs. In limited cases, an adult may be appointed by the court to serve as a guardian ad litem. As the minor's legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor's property. A legal guardian may be a friend, family member, or other person the court feels will act in the minor's best interest. Courts assign guardianships in a number of situations, including when parents have abandoned a minor, when a minor's parents have died, or when a minor's parents are incapable of providing proper care for the minor. Once the documents are officially registered, the out-of-state guardian may exercise in New York all powers authorized in the order of appointment except as prohibited by New York law and subject to any conditions imposed upon nonresident parties where the guardian is not a New Yorker.Justia provides a comprehensive 50-state survey on guardianships for both minors and adults, as well as guardianship forms and resources for each state.Ĭourts may appoint an adult guardian to care for a minor, who is not the child of the adult. The Clerk should give you a receipt, and hopefully, some other printout confirming the registration.In any case, you will be required to purchase an Index Number for $210.00. But you should call the clerk’s office beforehand for their particular filing procedures, requirements, and hours of operation. You can visit the clerk yourself, mail the papers, or hire a court runner. The papers can be filed in the office of any county clerk in New York State.Course materials from a 2016 Elder Law Update Continuing Legal Education hosted by the New York State Bar Association includes excellent form affidavits and affirmations beginning on the 107th page of the PDF. You should prepare an Affidavit in Support of Registration (or if you are an attorney in New York assisting a client an Attorney’s Affirmation will do the trick).The New Jersey Courts website gives excellent definitions of types of copies and court authentication. You will also need an “authenticated”, i.e., exemplified copy of the order, judgement, or otherwise, appointing you guardian.The statute uses the term “order”, but your state may have issued a judgement or some other legal document that is analogous to the legal document appointing you guardian that the statute calls for. You will need a certified copy of the “order” appointing you guardian.You can obtain the letters of office from the court that appointed you guardian. The “letters of office” may go by some other name in your home state, such as “letters of guardianship”. You need to obtain a certified copy of the “letters of office” appointing you guardian.PLEASE TAKE NOTICE that the undersigned intends to register the guardianship judgment in the above-captioned proceeding in the State of New York by filing as a foreign judgment in a court within the State of New York certified copies of the judgment and letters of guardianship, and an exemplified copy of the judgment, pursuant to New York Mental Hygiene Law Article 83 and New York Civil Practice Law and Rules Article 54. The body of the Notice could read something like this: For example, a Notice of Motion in New Jersey looks something like this. There is no clear way to do this, but I suggest drafting a Notice in the same form as the local state’s notice of motion and then filing it with the court that appointed you guardian. You must give “notice to the appointing court of an intent to register”.This step-by-step guide makes the process easier. Otherwise, you won’t have the legal authority to exercise your powers as guardian in the Empire State. If you’ve been appointed a guardian or conservator in a state other than New York, but are seeking to exercise your powers as guardian in New York State, you’ll need to register various papers in New York first (unless you petition anew).
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