Standby Guardianship Proceeding Checklist Person and / or Property - New York

Standby Guardianship Proceeding Checklist Person and/or Property is a legal document that was released by the New York State Unified Court System - a government authority operating within New York.

FAQ

Q: What is a standby guardianship proceeding?A: A standby guardianship proceeding is a legal process to appoint a temporary guardian for a minor child if the parent or legal guardian becomes incapacitated or unable to care for the child.

Q: Who can initiate a standby guardianship proceeding in New York?A: A parent or legal guardian of a minor child can initiate a standby guardianship proceeding in New York.

Q: What is the purpose of a standby guardianship?A: The purpose of a standby guardianship is to ensure that a child is cared for by a designated guardian if the parent or legal guardian is unable to provide care due to illness, absence, or other reasons.

Q: What documents are necessary for a standby guardianship proceeding?A: The necessary documents for a standby guardianship proceeding in New York may include a petition, an affidavit, and a proposed standby guardian designation form.

Q: How long does a standby guardianship last?A: A standby guardianship can last for a period specified by the court, usually up to one year. It can be extended if necessary.

Q: What happens if the parent or legal guardian recovers or returns?A: If the parent or legal guardian recovers or returns, they can resume their parental responsibilities and terminate the standby guardianship.

Q: Is a standby guardianship the same as permanent guardianship?A: No, a standby guardianship is temporary and intended for situations where the parent or legal guardian is unable to care for the child temporarily. Permanent guardianship involves a longer-term arrangement.

Q: Can a standby guardian make medical and educational decisions for the child?A: Yes, a standby guardian may have the authority to make medical and educational decisions for the child, depending on the terms specified in the standby guardianship order.

Q: Are standby guardianships recognized in other states?A: Standby guardianship laws vary by state, so it is important to determine whether a standby guardianship established in one state will be recognized in another state.