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This entry was published on 2014-09-22
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SECTION 79.15
Bonds; sureties
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 79
§ 79.15 Bonds; sureties.

Before making an appointment under the provisions of this article the
court shall be satisfied that the guardian, whose appointment is sought,
is a fit and proper person to be appointed. Upon the appointment being
made the guardian shall execute and file a bond to be approved by the
court in an amount not less than the sum then due and estimated to
become payable during the ensuing year, if he is to receive only the
benefits from the administration and income from such benefits. If the
guardian is also to receive other property of the ward, the minimum
amount of the said bond shall be increased, in the case of an
incompetent ward, by the amount of the bond required of a committee
appointed under article seventy-eight of this chapter, and in the case
of an infant ward, by the amount of the bond required of a guardian
appointed under the surrogate's court procedure act; or else the
guardian shall execute and file an additional bond in the amount
required by the applicable statute. The said bond or bonds shall be in
the form and be conditioned as required of guardians appointed under
article seventy-eight of this chapter, in the case of an incompetent
ward, and under the surrogate's court procedure act, in the case of an
infant ward. The court shall have power from time to time to require the
guardian to file an additional bond. The necessity of requiring a bank
or trust company to give bond when acting as guardian shall be governed
by subdivision five of section one hundred-a of the banking law.

Where a bond is tendered by a guardian with personal sureties, such
sureties shall file with the court a certificate under oath which shall
describe the property owned, both real and personal, and that they are
each worth the sum named in the bond as the penalty thereof over and
above all their debts and liabilities and exclusive of property exempt
from execution.