New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IV - Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7) › Subchapter A - Forms Authorized by Section 205.7 › Guardianship Forms (Family Court Act Article 6; S.C.P.A.; Social Services Law Section 384-B) › Form 6-8 - Petition (appointment of standby guardian)

Current through Register Vol. 46, No. 28, July
					 10, 2024
F.C.A. § 661 Form 6-8
S.C.P.A. §§ 1704, 1726 (Petition
						for Appointment of Standby Guardian)
1/2001
FAMILY COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________
Proceeding for the Appointment of a Docket
						No.
Standby Guardian of the Person of
						PETITION
(Appointment of
________, a Minor Standby Guardian)
________
TO THE FAMILY COURT:
The Petitioner respectfully alleges to
						this Court that:
1. The name and domicile of the Petitioner
						and relationship of the Petitioner to the child who is the subject of this
						proceeding, are as follows:
Name:
Relationship to child [check applicable
						box]:
mother father guardian legal custodian
						primary caretaker
Address [Include street, city, village or
						town, county and state]:
2. The name, date of birth and domicile of
						the child who is the subject of this proceeding are as follows:
Name:
Date of Birth:
Address: [Including street, city, village
						or town, county and state]
3. The subject child (is)(is not) a Native
						American child subject to the Indian Child Welfare Act of 1978 (25
						U.S.C. §§
												1901 -
						1963).
4. The residence of the child and name and
						relationship of the person(s) with whom the child resides are as
						follows:
Person with whom child resides [specify
						name]:
Relationship to child [check applicable
						box]:
mother father guardian legal custodian
						primary caretaker
Address [Include street, city, village or
						town, county and state]:
Form 6-8 Page 2
5. This petition seeks appointment of a
						Standby Guardian of the person of the child who is the subject of this
						proceeding, to become effective upon the petitioner's (incapacity) (death)
						(incapacity or death, whichever occurs first).[FN1]
6. On information and belief, petitioner
						suffers from a progressively chronic or fatal illness. The source of
						information and basis for belief are:
7. The religion of the child is
8. The names, relationship and post office
						addresses of the child's parent(s), the name and address of the person(s) with
						whom the child resides, if other than the parent(s), to whom process should
						issue; and such other persons concerning whom the court is required to have
						information, are as follows:
(If the other parent is dead, so
						allege)
Relationship Name Post Office
						Address
Mother:
Father:
Person with whom
child resides, if
other than parents:
Other[FN2]:
Form 6-8 Page 3
9. To protect and preserve the legal
						rights of the child, it is necessary that some proper person be duly appointed
						the Standby Guardian of (his)(her) person, because:
10. (Upon information and belief) No
						Guardian pursuant to Section
						383-c,
						384 or
						384-b of
						the Social Services Law, or Standby Guardian pursuant to section
						1726 of the Surrogate's Court Procedure
						Act, has been previously appointed for said child except [specify]:
11(a). Petitioner (has)(does not have)
						knowledge that the person nominated to be a standby guardian herein is the
						subject of an indicated report, as such term is defined in Section
						412 of the
						Social Services Law, filed with the statewide register of child abuse and
						maltreatment pursuant to Title Six of Article Six of the Social Services Law.
						If so, specify date, status and circumstances to the extent known:
(b) . Petitioner (has)(does not have)
						knowledge that the person nominated to be a standby guardian] herein is the
						subject of or the respondent in a child protective proceeding commenced under
						Article Ten of the Family Court Act. If so, specify whether proceeding resulted
						in an order finding that the child is an abused or neglected child, date and
						status to extent known:
(c) . Petitioner (has)(does not have)
						knowledge that an Order of Protection or Temporary Order of Protection
						(has)(has not) been issued against the person nominated to be a guardian herein
						in any criminal, matrimonial or Family Court proceeding(s). If such an order
						has been issued, specify the court, docket or index number, date of order,
						expiration date or order, next court date and status of case to the extent
						known:
12(a). The following adults who are age 18
						or older live in the home of the proposed guardian:
Name
Relationship, if any, to
									 child
Date of Birth
(b) . Upon information and belief, (none
						of the above adults) (the following adult(s) [specify]:) (is)(are) the subject
						of an indicated report, as such term is defined in Section
						412 of the
						Social Services Law, filed with the statewide register of child abuse and
						maltreatment pursuant to Title Six of Article Six of the Social Services Law.
						If so, specify date, status and circumstances to the extent known:
(c) . Upon information and belief, (none
						of the above adults) (the following adult(s) [specify]:) (has)(have) been the
						subject of or the respondent in a child protective proceeding commenced under
						Article 10 of the Family Court Act. If so, specify whether proceeding resulted
						in an order finding that the child is an abused or neglected child, date and
						status to the extent known:
(d) . Upon information and belief, an
						Order of Protection or Temporary Order of Protection (has)(has not) been issued
						against any of the above adults in any criminal, matrimonial or Family Court
						proceeding(s). If such an order has been issued, specify the adult against whom
						the order was issued, the court that issued the order, docket number, date of
						order, expiration date of order, next court date and status of case to the
						extent known:
13., residing at, whose religion is would
						be a suitable and proper person to be appointed Standby Guardian of the person
						of the child, in that:
Form 6-8 Page 4
14. Attached hereto is the consent of the
						proposed Standby Guardian to being appointed Standby Guardian of the person of
						the child.
15. [Delete if inapplicable]: The
						parent(s) of the child, although living, should not be appointed Standby
						Guardian of the person of the child because:
).
16. There are no persons interested in
						this proceeding other than those here in above mentioned.
17. No prior application has been made to
						any court for the relief herein requested.
WHEREFORE, Petitioner respectfully
						requests that an order be entered appointing [specify]:
Standby Guardian of the person of the
						child upon Petitioner's death (or incapacity, whichever occurs first). [Delete
						if inapplicable. See S.C.P.A. § 1726(3)].
Dated:
______________
Signature of Petitioner
______________
Print or type name
______________
Signature of Attorney, if any
______________
Attorney's Name (Print or Type)
________
______________
Attorney's Address and Telephone
						Number
VERIFICATION
STATE OF NEW YORK)
) ss.:
COUNTY OF)
, being duly sworn, says that (s)he is the
						Petitioner in the above-named proceeding and that the foregoing petition is
						true to (his)(her) own knowledge, except as to matters therein stated to be
						alleged on information and belief and as to those matters (s)he believes it to
						be true.
______________
Petitioner
Sworn to before me this day of,.
______________
(Deputy) Clerk of the court
Notary Public
[FN1] S.C.P.A. Section 1726(3)(I); delete
						inapplicable provisions.
[FN2] Include Mental Hygiene Legal
						Services if child is a mentally retarded or developmentally disabled person
						admitted to a facility.