1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 4: Appearance; Protection of Persons Under Disability; Counsel For Indigent Adults In Surrogate's Court Proceedings


Section 402 Appearance for infant, incompetent, conservatee or person under disability 1

Surrogate's Court Procedure (SCP)

Appearance for infant, incompetent, conservatee or person under

   disability

  1. An infant may appear by the guardian of his property, an incompetent by the committee of his property, and a conservatee by his conservator. The appointment of a guardian ad litem does not bar the guardian, committee or conservator from appearing as a party. The person so appearing and his attorney shall each file on or before the return day of process an affidavit showing

  (a) that he is qualified to protect their rights,

  (b) whether he is related to or connected in business with any party to the proceeding or the attorney for any party,

  (c) whether he is entitled to share in the estate in which the infant, incompetent or conservatee is interested or is in any way interested therein,

  (d) whether he has any interest adverse to or in conflict with that of the infant, incompetent or conservatee and

  (e) such additional facts as may be required by the court.

  2. A person under disability shall appear by a guardian ad litem where no appearance is made as provided in subdivision one or where the court so directs because of possible adversity or conflict of interest or for other cause.