N.Y. Surrogate's Court Procedure Act § 1707: Decree appointing guardian; term of office 1

§ 1707. Decree appointing guardian; term of office

1. If the court be satisfied that the interests of the infant will be

promoted by the appointment of a guardian or by the issuance of

temporary letters of guardianship of his or her person or of his or her

property, or of both, it must make a decree accordingly. If the court

determines that appointment of a permanent guardian is in the best

interests of the infant or child, the court shall issue a decree

appointing such guardian. The same person may be appointed guardian of

both the person and the property of the infant or the guardianship of

the person and of the property may be committed to different persons.

The court may appoint a person other than the parent of the infant or

the person nominated by the petitioner. When the court is informed that

the infant, a person nominated to be a guardian of such infant, the

petitioner, or any individual eighteen years of age or over who resides

in the home of the proposed guardian is a subject of or another person

named in an indicated report, as such terms are defined in section four

hundred twelve of the social services law, filed with the statewide

register of child abuse and maltreatment pursuant to title six of

article six of the social services law or is or has been the subject of

or the respondent in or a party to a child protective proceeding

commenced under article ten of the family court act which resulted in an

order finding that the child is an abused or neglected child the court

shall obtain such records regarding such report or proceeding as it

deems appropriate and shall give the information contained therein due

consideration in its determination. The court shall provide in its order

appointing a guardian of a child for whom the guardian and a local

department of social services have entered into an agreement under title

ten of article six of the social services law: (a) if the guardian would

meet the definition of relative guardian as such term is defined in

section four hundred fifty-eight-a of the social services law, the

compelling reasons that exist for determining that the return home of

the child and the adoption of the child are not in the best interests of

the child and are, therefore, not appropriate permanency options for the

child; and (b) that the local department of social services and the

attorney for the child must receive notice of, and be made parties to,

any subsequent proceeding to vacate or modify the order of guardianship.

2. The term of office of a guardian of the person or property so

appointed expires when the infant attains majority, unless the infant

consents to the continuation of or appointment of a guardian after his

or her eighteenth birthday, in which case such term of office expires on

his or her twenty-first birthday, or after such other shorter period as

the court establishes upon good cause shown; except that the term of

office of a guardian of the person of an infant expires upon the

infant's marriage prior to attaining majority. The appointment of a

guardian of a child shall expire when the infant or child reaches the

age of eighteen years, unless the infant or child consents to the

continuation of a guardian after his or her eighteenth birthday, in

which case such term of office expires on his or her twenty-first

birthday, or unless vacated by the court prior to the infant or child's

eighteenth or twenty-first birthday if the court finds that, based upon

clear and convincing evidence, the guardian failed to or is unable,

unavailable or unwilling to provide proper care and custody of the

infant or child, or that the guardianship is no longer in the best

interests of the infant or child.