Form SG-8 - Decree appointing a standby guardian

Current through Register Vol. 46, No. 18, May 1, 2024
Form SG-8 - Decree appointing a standby guardian

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF ________

________x

Proceeding for the Appointment of a Standby Guardian for DECREE APPOINTING

A STANDBY GUARDIAN

________ (SCPA 1726(3))

An Infant. File No. ________

________x

A petition having been filed by ________, praying for the appointment of a Standby Guardian for the above named infant, and it appearing that the petitioner suffers from a progressively chronic or fatal illness; and that the interests of the infant will be promoted by the appointment of a Standby Guardian of the infant's person and/or property; and that ________ is in all respects competent to act as such Standby Guardian; it is hereby

ORDERED, ADJUDGED AND DECREED, that ________ be and is hereby appointed Standby Guardian of the person and/or property of the infant, whose authority shall be effective upon the receipt by the standby guardian of

[ ] a determination of the petitioner's incapacity

[ ] a certificate of petitioner's death

[ ] a determination of petitioner's incapacity or certificate of petitioner's death, whichever occurs first.

The authority of the Standby Guardian shall also be effective upon the petitioner's written consent pursuant to Section 1726(3)(e)(iii) of the Surrogate's Court Procedure Act; and it is further

ORDERED, ADJUDGED AND DECREED, that the Standby Guardian of the infant shall file a copy of a determination of incapacity or certificate of death or written consent by the petitioner with this court within 90 days of the date of receipt of same by the Standby Guardian or his or her authority may be rescinded by the court; and it is further

ORDERED, ADJUDGED AND DECREED, that letters of Guardianship shall be issued to the Standby Guardian upon his or her filing the Confirmation Affidavit of Standby Guardian, qualifying pursuant to SCPA Section 708, and complying with the provisions of SCPA Section 1708, if applicable.

______________

, Surrogate

Dated: ________, 19________