What is the process for transferring guardianship?

The process for transferring guardianship in New York depends upon the type of guardianship and the reasons for the transfer. In the case of guardianship of a minor (usually a child under the age of 18), the process begins with the filing of a petition for a transfer of guardianship with the court, and notice of the petition must be given to the parties involved. The court will then hear arguments from both sides and decide whether to grant the transfer. If the transfer is granted, the court will issue an order transferring guardianship. The court may also appoint a guardian ad litem (GAL) to represent the interests of the minor, and the GAL will be responsible for making sure the minor’s best interests are considered throughout the process. This could include interviews with all parties involved and investigations into the various factors the court needs to consider. In the case of adult guardianship, the process for transferring guardianship is similar, though the GAL may not be appointed. The court will need to consider the best interests of the adult, as well as the future needs of the adult, to decide if guardianship should be transferred. In either case, the court will make a final decision on the transfer of guardianship. If the transfer is approved, the new guardian will be informed in writing and take over the responsibilities of guardianship.

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What is the process for transferring guardianship?

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