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This entry was published on 2014-09-22
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Authority of guardian to sell, lease, exchange or mortgage 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 1715. Authority of guardian to sell, lease, exchange or mortgage

1. The surrogate's court of the county from which letters were issued
to the guardian of the property of an infant may, in accordance with
this section, authorize the guardian in the name of the infant to sell,
lease, exchange or mortgage any interest of the infant in real property.

2. A proceeding therefor may be commenced by the guardian by filing a
petition in which the infant, if over the age of 14 years, may join. It
must show the facts as to the real property, the interest of the infant
therein, the other property of the infant, his financial circumstances
and such other facts showing that it is for the best interest of the
infant to sell, lease, exchange or mortgage all or a portion of the
infant's interest in the real property.

3. If the petition be entertained process shall issue to the infant if
he has not joined therein, to the parent or parents, or if there be
none, to an adult person with whom the infant resides, the person having
his care and custody, and if the infant be married, to the infant's
spouse. If the guardian show to the satisfaction of the court either by
the petition or affidavit that he lacks knowledge of the existence,
identity, name, residence or location of any person to be served or
shows that with due diligence any such person cannot be personally
served with process within any state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or a territory or
possession of the United States, the court may dispense with such
service or make such direction as it deems appropriate for the
protection of the infant.

4. On the return of process the court shall take such proof as it
deems necessary and make such order as justice and the best interests of
the infant require.

5. Any instrument executed by the guardian in the name of the infant
in conformity with the provisions of this section shall have the same
effect as if the infant being of full age had executed it.

6. The court shall have jurisdiction on like application to ratify and
confirm any lease or leases made by the guardian in behalf of the infant
and not theretofore authorized, ratified or confirmed by a court of
competent jurisdiction.

7. Nothing in this section shall be deemed to authorize a guardian
appointed by will or deed to sell, lease, exchange or mortgage the
infant's real property contrary to the express provisions of the will or