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This entry was published on 2014-09-22
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Guardian of infant
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 12
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

(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

(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.