Saturday, December 8, 2012

I am filing form 6-1 for guardianship in New York

Q: what is the difference between "guardian of the person" and "permanent guardian"?  Also, if there is no difference why does the form have two boxes you can check to select either guardian of person or permanent guardian?

A: David's Answer: Per footnote 1 of the petition, "a 'permanent guardian' may be appointed, pursuant to Family Court Act §661(b) and Surrogate’s Court Procedure Act §1702(2), if the Court finds that it is in the best interests of a person under the age of 21, who has been committed to an authorized agency through termination of parental rights or surrender or whose birth parents or other persons entitled to notice of, or to consent to, adoption are deceased."  A "guardian of the person," on the other hand, is roughly the same as requesting custody.  -- David Bliven

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