SCPA 1711 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1710 Will or deed containing appointment to be proved A person shall not exercise within the state any power or authority as guardian of the p... up ARTICLE 17 Guardians and Custodians next SECTION 1712 Appointment of successor When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers ... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1711 Guardian by will or deed; qualification; renunciation 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17 § 1711. Guardian by will or deed; qualification; renunciation 1. Where a deed containing the appointment of a guardian is not recorded within 3 months after the death of the grantor, the person appointed is presumed to have renounced the appointment and if a guardian is thereafter appointed by the court the presumption is conclusive. 2. Where a will containing the appointment of a guardian is admitted to probate or a deed is recorded as prescribed in the preceding section, the person appointed guardian must within 3 months thereafter qualify as provided by 708 unless contrary to the express provisions of the will or deed and by filing a petition showing the facts which entitle him to qualify and receive letters; otherwise he is deemed to have renounced the appointment. 3. No guardian by will or deed shall receive any property other than the property derived under the instrument of appointment without first giving a bond in a penalty to be fixed by the court. 4. Either before or after the expiration of 3 months the court may extend the time so to qualify for such time as it deems reasonable, upon good cause shown. 5. A person appointed guardian by will or deed may at any time before he qualifies renounce the appointment by an acknowledged instrument filed in the office of the court.