(a) Petition for appointment; by whom presented; contents. An infant, if of the age of fourteen years or more, or a relative or friend of an infant, may present a petition to the court for appointment of a guardian. The petition shall state the age and residence of the infant, the name and residence of any living parent and of the person proposed as guardian, the relationship if any which such person bears to the infant, and the nature, status and value of the infant’s estate.
R 1210.Guardian of infant.
Article 12. Infants, Incompetents and Conservatees · Last amended 1995 · Last verified July 21, 2026
In one sentenceCPLR 1210 sets the procedure for appointing a guardian of a child's property in New York: who may petition, what the hearing must cover, the bond the guardian may need to post, and how the court can direct the guardian to invest the child's estate.
Full Text of CPLR 1210
(b) Hearing. The court shall ascertain the age of the infant, the amount of his personal property, the gross amount or value of the rents and profits of his real estate during his minority, and the sufficiency of the security offered by the proposed guardian. If the infant is of the age of fourteen years or more, the court shall examine him as to his voluntary nomination of or preference for a suitable guardian; if he is under the age of fourteen, the court shall select and appoint a suitable guardian.
(c) Undertaking. The court shall make an order requiring or dispensing wholly or partly with an undertaking, in an amount and according to the conditions set forth in section seventeen hundred eight of the surrogate’s court procedure act.
(d) Direction as to management of estate. The court in its discretion may direct that the principal of the estate or any part of it be invested in bonds of the state of New York or of the United States, or invested in bonds or other obligations of any county, city, town, village or school district of the state of New York, or deposited with any bank, trust company, insured savings and loan association or insured savings bank or insured state or federal credit union which has been designated as a depository for such fund; or invested in a bond and mortgage on unincumbered and improved property within the state, having a value, to be shown to the satisfaction of the court, of at least double the amount of principal invested, for the benefit of the infant, and may direct that only the interest or income be received by the guardian.
(e) Filing of certified copy of order of appointment. Upon the appointment of a guardian of the person or property, or both, of an infant, the guardian shall file a certified copy of the order of his appointment with the clerk of the surrogate’s court of the county in which he has been appointed.
Plain-English Summary
A child fourteen or older, or a relative or friend of a younger child, can petition the court to appoint a guardian of the child's property. The petition has to state the child's age and residence, the name and residence of any living parent and of the proposed guardian, the proposed guardian's relationship to the child, if any, and the nature, status, and value of the child's estate.
At the hearing, the court looks into the child's age, personal property, and the rents or profits from any real estate during the child's minority, along with whether the proposed guardian has offered enough security. A child fourteen or older gets asked about their preference for a guardian; for a younger child, the court picks one.
The court can require a bond (or waive it, in whole or part) under the terms set by SCPA 1708, and can direct how the guardian invests the estate — in New York State or federal bonds, municipal bonds, an insured bank or credit union account, or a mortgage on unencumbered property worth at least twice the amount invested. The court can also limit the guardian to receiving only the interest or income.
Once appointed, the guardian has to file a certified copy of the appointment order with the clerk of the surrogate's court in the county of appointment.
Frequently Asked Questions
How does a child get a legal guardian for their property in New York?
The child, if fourteen or older, or a relative or friend, petitions the court, stating the child's age, residence, estate, and the proposed guardian's relationship to the child.
Can a teenager choose their own guardian in New York?
A child fourteen or older gets examined about their preference at the hearing, though the court makes the final decision. For a child under fourteen, the court selects the guardian without that input.
Does a guardian of a child's property need to post a bond?
The court can require an undertaking, or waive it in whole or part, under the terms set by SCPA 1708.
How can a court direct a child's estate to be invested?
In state or federal bonds, municipal bonds, an insured bank or credit union account, or a mortgage on property worth at least twice the amount invested.
Where does a guardian file the order appointing them?
With the clerk of the surrogate's court in the county where the guardian was appointed.
Advisory Committee Notes
This rule is based on rules 290, 291 and 292 of the RCP. Article 10 of the Surrogate’s Court Act contains more detailed and comprehensive provisions for the appointment of a general guardian in the Surrogate’s Court, which has concurrent jurisdiction in this area. See Surr Ct Act §§ 172–182. These would supersede the general practice provisions where they are inconsistent. See id. § 316; 11 Carmody-Wait, Cyclopedia of New York Practice 801 (1954). Section 183 of the Surrogate’s Court Act provides that where the guardian is appointed by another court, a certified copy of the order of appointment and of the undertaking must be filed in the Surrogate’s Court; and that the guardian so appointed is subject to all the duties and liabilities specified in article 10 of the Surrogate’s Court Act.
Subd (a) of this rule is based on RCP 290, subd (b) on rule 291 and subd (c) and (d) on rule 292. The only change that has been made is in subdivision (c). The provisions of Surrogate’s Court Act, § 180 have been substituted for the undertaking requirement of rule 292, since they provide a more flexible procedure and enable the court to effect substantial savings to the estate in proper cases.
Amendment History
Formerly § 1210, add, L 1962, ch 308; redesignated Rule 1210, L 1962, ch 318, § 5; amd by Judicial Conference, eff Sept 1, 1969; amd, L 1966, ch 961, eff Sept 1, 1967; L 1975, ch 490, § 1; L 1983, ch 37, § 1; L 1995, ch 464, § 2, eff Aug 2, 1995.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: guardian of infant's property New Yorkappoint guardian for child's estate NYguardian bond undertaking infant New Yorkpetition for guardian of minor New York courtinvesting a child's estate New York