SCPA 1702 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1701 Power of court The court has power over the property of an infant and is authorized and empowered to appoint a guardian of the person or ... up ARTICLE 17 Guardians and Custodians next SECTION 1703 Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of an infant may ... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1702 Jurisdiction 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17 § 1702. Jurisdiction 1. Where an infant has no guardian the court may appoint a guardian of his person or property, or of both, in the following cases: (a) Where the infant is domiciled in that county or has sojourned therein immediately preceding the application. (b) Where the infant is a non-domiciliary of the state but has property situate in that county. 2. Where an infant or child has no guardian, the court may appoint a permanent guardian for the child in accordance with the provisions of section seventeen hundred one of this article where the infant is domiciled in that county or where such child is in the care or custody of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law, and such authorized agency has its principal office in that county. 3. Where the permanency goal for a foster child who is the subject of a proceeding under article ten or ten-A of the family court act is referral for legal guardianship, a petition filed under this article by a fit and willing relative or other suitable person shall be filed with the court before whom the most recent proceeding under article ten or ten-A of the family court act is pending.