1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled


Section 1752 Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed...

Surrogate's Court Procedure (SCP)

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 father, the mother, 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.