Guardianship Proceeding Checklist Person Only | Pdf Fpdf Doc Docx | New York

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Guardianship Proceeding Checklist Person Only | Pdf Fpdf Doc Docx | New York

Guardianship Proceeding Checklist Person Only

This is a New York form that can be used for Guardianship within Statewide, Surrogates Court.

Alternate TextLast updated: 3/20/2007

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<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Guardianship Proceeding Checklist Person Only (see Surrogate's Court Form G-2A, rev. 9/00)Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Fill in All Areas On All Pages -Also Mark When Not Applicable When Necessary Check All Forms To Make Sure Venue Is Correct -Appropriate County Is ListedPET¶ #DESCRIPTIONYESNO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Does the Court have jurisdiction over the subject infant [see SCPA §1702]? NOTE:The infant must be domiciled in the county, have sojourned in the countyimmediatelypreceding the application for guardianship, or if a non-domiciliary of the state, must have property situate in the county. Is the captioned name the same as the birth certificate and ¶2 of petition?THE PEOPLE OF THE STATE OF NEW YORK TO1.Is the petitioner a proper party? [see SCPA §1703] Is the petitioner ...GREETINGS:the infant, if over fourteen (14) years of age a parent a person with whom the infant resides the public administrator or chief fiscal officer(where no one else is available to act as guardian of the property; would not act as guardian of the person) any other person representing the interest of the infantWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.Has all required information been provided? [name, telephone #, permanent address (mailing address), date of birth and relationship] Are all A/K/A's listed?, one of the Justices of theCourt in Witness, Honorableday of, 20 County,2.Is the name of the infant in ¶2 the same as that listed on the birth certificate?Has all requested information been provided? [name, permanent address (mailing address), date of birth and marital status] Birth Certificate from official registrar (not hospital) to be filed with petition [see NYCRR §207.15(a)] Are all A/K/A's listed?(Attorney must sign above and type name below)Attorney(s) for3.Check that names and addresses of both natural parents are listed. If infant is married-provide requested informationOffice and P.O. Address[see SCPA §1704(2)]If one or both are deceased their names must still be shown and date of death noted. (Court may require copy of death certificate)Telephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comG-CHKLST (Person Only) release 7/14/03 PAGE 1COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PET¶ #DESCRIPTIONYESNOCalendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)3. cont.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .If the name of the father is not shown on petition or birth certificate, determine if a proceeding has been brought to establish paternity. (Court may require copy of filiation order) [see page 4 -Comments &amp; Court Notes] NOTE: If it is claimed that the identity of the father is unknown, the Court may require an affidavit showing diligent efforts to identify him. NOTE: If the natural mother was married at the time of infant's birth, there is a rebuttable presumption that her husband is the father of the infant and is a necessary party unless a filiation order has established otherwise. [see DRL §24(1)] 4.THE PEOPLE OF THE STATE OF NEW YORK TOList names/addresses of adults with whom infant resides if other than parent or name of agency having custody of infant. 5.If both parents are deceased, check that names and addresses of adult domiciliary distributees are listed. [see SCPA §1704(2)] 6.Have the names and permanent addresses of the infant's grandparents been provided? [see SCPA §1705]GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the HonorableIf not applicable, so state. If deceased, add date of death.,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room7.This paragraph is a sworn statement by petitioner. 8a.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.Verify that the infant has never had a guardian appointed. 8b.Verify that custody of the infant has never been surrendered by any person and that no court order has ever awarded custody of the infant. If exceptions list information on petition and see note below. NOTE: Check that applicable copies of surrenders, court orders or divorce decrees have been attached., one of the Justices of theCourt in Witness, Honorableday of, 20 County,9.Verify whether petitioner indicated knowledge that a person nominated to be a guardian, or any individual eighteen years of age or over who resides in the home of the proposed guardian:(Attorney must sign above and type name below)a. Is the subject of a report filed with the Statewide Central Register of Child Abuse and Maltreatment pursuant to the rules of Child Protective Services, following an investigation which determines that some credible evidence of alleged abuse or maltreatment exists and/or b. Has been the subject of, or the respondent in, a Child Protective Proceeding commenced pursuant to law, which proceeding resulted in an order finding that the child is an abused or neglected child.Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:NOTE: If knowledge of a report is indicated, verify that an affidavit explaining circumstances in detail is included.Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comG-CHKLST (Person Only) release 7/14/03 PAGE 2COURT COUNTY OF. . .

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