The program provides a detailed overview of kinship proceedings in the New York Surrogate's Court from commencement to conclusion. When a person dies without a will, and the closest living relatives are distant (like cousins) a kinship proceeding is often necessary to determine who is entitled to inherit from the decedent's estate. The course defines what a kinship proceeding is, the various parties to a kinship proceeding, the substantive and procedural laws that govern kinship proceedings, and the tools and strategies necessary for success. Kinship proceedings are governed by an amalgamation of laws and regulations. The course provides an easy-to-use, organized guide to kinship proceedings.
Generally, none. New York used to use the terms conservator (today’s version of guardian of the property) and committee (today’s version of guardian of the person). Many states still use the term conservator, but the concept is the same.
No. Even if you are the “petitioner” – the person who is asking the judge to appoint a guardian – you can ask the judge to appoint someone else. If there are no family or friends willing and able to serve, the judge can appoint a non-profit organization or “independent” professional guardian to serve.
No (except for limited exceptions). In New York, parents are the natural guardians of their children until age 18. However, once a child reaches 18, even if they are developmentally or intellectually disabled, a parent cannot automatically make decisions for their adult child. Guardianship is often necessary for developmentally and intellectually disabled adults who do not have capacity to manage their own affairs without assistance.
Although most guardians are authorized to make routine and non-routine medical decisions on behalf of their ward, the administration of psychiatric medication to a person who objects requires special authorization from a judge, even if you were already appointed guardian.
There is no set time. However, from the time counsel is retained, it usually takes about 2-4 months total for the guardian to begin acting. However, if a guardian is needed immediately, the judge can appoint a “temporary guardian” while everything gets sorted out. This speeds up the process.