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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1752: Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed...

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 17-A. Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled

§ 1752. Petition for appointment; contents

The petition for the appointment of a guardian shall be filed with the

court on forms to be prescribed by the state chief administrator of the

courts. Such petition for a guardian of a person who is intellectually

disabled or a person who is developmentally disabled shall include, but

not be limited to, the following information:

1. the full name, date of birth and residence of the person who is

intellectually disabled or a person who is developmentally disabled;

2. the name, age, address and relationship or interest of the

petitioner to the person who is intellectually disabled or a person who

is developmentally disabled;

3. the names of the parents, children, adult siblings if eighteen

years of age or older, the spouse and primary care physician if other

than a physician having submitted a certification with the petition, if

any, of the person who is intellectually disabled or a person who is

developmentally disabled and whether or not they are living, and if

living, their addresses and the names and addresses of the nearest

distributees of full age who are domiciliaries, if both parents are

dead;

4. the name and address of the person with whom the person who is

intellectually disabled or a person who is developmentally disabled

resides if other than the parents or spouse;

5. the name, age, address, education and other qualifications, and

consent of the proposed guardian, standby and alternate guardian, if

other than the parent, spouse, adult child if eighteen years of age or

older or adult sibling if eighteen years of age or older, and if such

parent, spouse or adult child be living, why any of them should not be

appointed guardian;

6. the estimated value of real and personal property and the annual

income therefrom and any other income including governmental

entitlements to which the person who is intellectually disabled or

person who is developmentally disabled is entitled; and

7. any circumstances which the court should consider in determining

whether it is in the best interests of the person who is intellectually

disabled or person who is developmentally disabled to not be present at

the hearing if conducted.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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