N.Y. Comp. Codes R. & Regs. tit. 22 § 207.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 207.12 - Appointment of guardian ad litem on nomination

(a) In addition to the requirements of SCPA 403, all applications for the appointment of guardians ad litem upon the petitions of infants over 14 years of age must contain the following information:

(1) The petition of the infant must state whether the infant has been influenced by the proponent or the accounting party or the attorneys for the fiduciaries, or anyone connected with them or either of them, in the selection of the person the infant nominates as the infant's guardian ad litem, and whether the person nominated by the infant has suggested his or her employment either in person or through others.

(2) The affidavit of the attorney nominated as guardian ad litem must state whether the proponent in a probate proceeding or the petitioner in any other proceeding or the accounting party or the attorney for any of the foregoing persons, or anyone connected with such attorney, has suggested or accelerated the nomination of the attorney as guardian ad litem and, if so, must state the facts.

(b) The papers submitted on an application must satisfy the court that the attorney who is nominated for appointment as guardian ad litem will have no divided loyalty in the performance of his or her duties which might result in failure to protect adequately the infant's rights in the estate.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.12