N.Y. Civil Practice Law & Rules § 1210: 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.