N.Y. Surr. Ct. Proc. Act § 1713

Current through 2024 NY Law Chapters 1-59 and 61-121

Section 1713 - Administration of infant's property

1. Upon the petition of the guardian or of the infant or of any person in his behalf, the court, upon notice to such persons, if any, it deems proper, may by order direct the application by the guardian of the infant's property to

(a) the support and education of the infant;

(b) the cost of the funeral of a parent of the infant;

(c) the cost of the funeral of any other person who had no other assets available for funeral expenses and who had named the infant as beneficiary of a policy of insurance upon his life or as beneficiary or donee of any other property, to the extent that the guardian shall have collected such proceeds or property.

2. In all cases the court may determine the amount of expenditure of the infant's funds that is reasonable, proper and just under the circumstances, taking into consideration the liability, if any, of any other person to pay such expenses, his financial ability to pay and all other relevant facts. The payment may be made from income or principal. No payment for the funeral expense of any person shall be authorized unless the court finds that the estate of such person is insufficient to pay it.

3. Notwithstanding the provisions of subdivision 1 a guardian is authorized to apply social security payments received for the benefit of the infant to his education and support without order of the court.

4. Any infant over 14 years of age or any person in behalf of any infant may petition the court having jurisdiction over the infant's estate for the appointment of a guardian ad litem to initiate in behalf of the infant a proceeding for the protection of the infant's financial or other interests and in such proceeding authorize the guardian ad litem to take such action as the court deems proper. The court may entertain the petition if in its judgment the interests of the guardian of the infant are adverse to those of the infant or if in its opinion other valid reasons exist for the initiation of such a proceeding by another than his guardian. It may in similar case appoint a guardian ad litem for such purpose whenever facts have come to its attention showing the necessity for protecting the interests of the infant.

N.Y. Surr. Ct. Proc. Act Law § 1713