Every parent of young children in Queens should have a signed document naming the person who will raise those children if neither parent is able to. From my practice in Flushing, I prepare these designations for families from Bayside to Jackson Heights.
Where Guardianship Is Decided for Queens Children
When both parents have passed away or cannot care for a child, the question of who raises that child goes to the Queens County Surrogate’s Court in Jamaica. Guardianship of minors in New York is governed by Article 17 of the Surrogate’s Court Procedure Act (SCPA). The judge applies a best-interests standard, and a child who is 14 or older may be heard on the choice. If one parent survives, that parent ordinarily keeps custody, so a designation mainly protects children against the loss of both parents.
What Happens Without a Designation
Without written instructions, relatives and others may petition the court, and a judge decides with no guidance from you. Grandparents in Forest Hills and an aunt in Astoria may each believe they are the right choice, and the court has to resolve that while the children wait. When a parent has named someone, the court gives that choice substantial weight, provided the person is willing and fit to serve.
That is why I advise every parent to name a primary guardian and at least one successor, and to coordinate with the other parent so both wills name the same people.
Two Roles, Not One
New York separates the guardian of the person, who handles the child’s home, schooling, and medical care, from the guardian of the property, who manages assets the child owns under court supervision, including bonding and periodic accountings. One person can fill both roles, but the best caregiver is not always the best money manager. Many parents leave assets in a trust instead, so a trustee they select manages the inheritance on their terms. I explain how these pieces fit together in my overview of guardianship designations for New York parents.
Covering Incapacity, Not Only Death
A will takes effect only at death. SCPA 1726 also permits a standby guardian designation, which allows your chosen person to begin acting for your children upon your incapacity, debilitation, or death, followed by a petition to the court for confirmation. That is why I advise parents with health concerns to sign a standby designation alongside the will.
Keeping the Designation Current
A guardian named when your first child was born may have moved, aged, or faced new circumstances by the time your youngest starts school in Fresh Meadows. That is why I advise reviewing the designation after every birth, move, marriage, or divorce. Households in Rego Park, Kew Gardens, and Richmond Hill rely on my office to draft and update these documents and to represent named guardians before the Surrogate’s Court when the time comes.
If your loved one left behind a guardianship designation for young children which needs to be confirmed in Queens County Surrogate’s Court, contact us today for a free phone consultation.
Contributed by Roman Aminov, Esq, a Queens estate attorney in New York City.
Roman Aminov Estate Law firm of Queens
147-17 Union Tpke, Kew Gardens Hills, NY 11367, United States
P59P+93 Kew Gardens Hills, Queens, NY, USA
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