Form SG-5 - Affidavit and consent of proposed standby guardian pursuant to SCPA 1726(3)

Current through Register Vol. 46, No. 15, April 10, 2024
Form SG-5 - Affidavit and consent of proposed standby guardian pursuant to SCPA 1726(3)

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF ________

________x AFFIDAVIT AND CONSENT

Proceeding for the Appointment OF PROPOSED STANDBY

of a Standby Guardian for GUARDIAN PURSUANT TO

SCPA 1726 (3)

________

An Infant.

________x File No. ________

STATE OF NEW YORK )

) ss.:

COUNTY OF ________ )

________, being duly sworn, deposes and says:

1. I am a competent person over the age of eighteen years, and I submit this affidavit in support of the petition to have me appointed standby guardian of the [ ] person only, [ ] property only, or [ ] person and property of the above named infant. [Check one]

2. I have known the subject infant since ________ by reason of the following [State relationship, if any]:

____________

____________

____________

____________

3. I reside at ____________

and the other resident members of my household are [Include all persons residing there and their respective ages]:

____________

____________

____________

____________

____________

____________

____________

____________

4. Except for minor treaffic offenses and adjudications as a youthful offender or juvenile delinquent:

(a) Have you ever been convicted of a crime [ ] yes [ ] no

(b) Have you ever forfeited bail or other collateral [ ] yes [ ] no

(c) Do you have criminal charges pending against you [ ] yes [ ] no

(d) Do you have a physician impairment or mental or medical condition that would interfere with your ability to perform the duties of guardian of the infant [ ] yes [ ] no

(e) Have you ever used controlled substances or narcotics or been addicted to alcohol [ ] yes [ ] no

[If you have answered "yes" to any of the questions set forth in (a) - (e), set forth details in space provided].

____________

____________

____________

5. I am willing and able to undertake the care, custody and control of the infant until the infant attains the age of eighteen or until the court determines otherwise.

6. Upon the petitioner's [ ] incapacity, [ ] death, [ ] or incapacity or death, or upon written consent, I agree to file all necessary documentation with the court within 90 days of the receipt of the determination of the incapacity, death certificate, or written consent.

________________

Signature of the Proposed Standby Guardian

Sworn to before me this

________ day of ________, 19________

______________

Notary Public

Commission Expires:

(Affix Notary Stamp or Seal)