Checklist for NYC Guardians

Checklist for NYC Guardians

You Have Been Appointed Guardian of an Incapacitated Person in NYC. What do you do now?  A basic checklist of tasks to perform to appropriate settle the estate is provided below.   

  • Review the Order and Judgment appointing the Guardian of the Person and/or Property.  Read this document very carefully. It tells you what your are authorized to do and not authorized to do. Since guardianship is all about least restrictive alternative, one person’s Order and Judgment may be different from another. The document also tells you when you must seek approval for something, what steps to take in the event of the death of your incapacitated person, and the requirement for filing annual and final accountings. Read Carefully


  • Attend a Guardianship Training Class. If you are a lay guardian, you will be told to attend a guardianship training course. The Course is available online. Make sure to write down the codes because you will need them when you fill in the Affirmation of Viewing.


  • Secure a surety bond, if so directed by the court. (A bond is like an insurance policy for the beneficiaries of the guardianship and provides a recovery mechanism for them in the event that there is negligence or malfeasance by the fiduciary)


  • Sign Oath and Designation in the presence of a notary and then file with the county clerk’s office.


  • Obtain at least two (2) certified copies of the Commission. You will need to present the Certified copies everywhere you go so you might as well have two. Two points about the Commission. First, in certain counties, you will need to prepare your own draft commission. In other counties, the Court clerk will prepare your Commission. You should get the Commission certified. You can obtain certified copies by going to the Certification department in the clerk’s office.


  • Maintain records of all transactions and activities you perform as Guardian. You will need to ultimately file accountings. The Court wants to know what you are doing with your ward’s money.





  • Collect commissions, once approved by the court, and be discharged.

Feel free to contact us for help administering the guardianship estate

Additional resources provided by the author

For more information, please contact probate and estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Or visit her at her new location:
80 Maiden Lane
Suite 304
New York, NY 10038

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This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

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