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This entry was published on 2019-11-01
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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 Act (SCP) CHAPTER 59-A, ARTICLE 17-A
§ 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.