N.Y. Surrogate's Court Procedure Act § 1713: Administration of infant's property 1

§ 1713. Administration of infant's property

1. Upon the petition of the guardian or of the infant or of any person

in his behalf, the court, upon notice to such persons, if any, it deems

proper, may by order direct the application by the guardian of the

infant's property to

(a) the support and education of the infant;

(b) the cost of the funeral of a parent of the infant;

(c) the cost of the funeral of any other person who had no other

assets available for funeral expenses and who had named the infant as

beneficiary of a policy of insurance upon his life or as beneficiary or

donee of any other property, to the extent that the guardian shall have

collected such proceeds or property.

2. In all cases the court may determine the amount of expenditure of

the infant's funds that is reasonable, proper and just under the

circumstances, taking into consideration the liability, if any, of any

other person to pay such expenses, his financial ability to pay and all

other relevant facts. The payment may be made from income or principal.

No payment for the funeral expense of any person shall be authorized

unless the court finds that the estate of such person is insufficient to

pay it.

3. Notwithstanding the provisions of subdivision 1 a guardian is

authorized to apply social security payments received for the benefit of

the infant to his education and support without order of the court.

4. Any infant over 14 years of age or any person in behalf of any

infant may petition the court having jurisdiction over the infant's

estate for the appointment of a guardian ad litem to initiate in behalf

of the infant a proceeding for the protection of the infant's financial

or other interests and in such proceeding authorize the guardian ad

litem to take such action as the court deems proper. The court may

entertain the petition if in its judgment the interests of the guardian

of the infant are adverse to those of the infant or if in its opinion

other valid reasons exist for the initiation of such a proceeding by

another than his guardian. It may in similar case appoint a guardian ad

litem for such purpose whenever facts have come to its attention showing

the necessity for protecting the interests of the infant.