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New York
Surrogate's Court Procedures Act
§402 - Appearance for Infant, Incompetent, Conservatee or Person Under Disability
New York
Surrogate's Court Procedures Act
§402 - Appearance for Infant, Incompetent, Conservatee or Person Under Disability
1. An infant may appear by the guardian of his property, an incompetent by the committee of his property, and a conservatee by his conservator. The appointment of a guardian ad litem does not bar the guardian, committee or conservator from appearing as a party. The person so appearing and his attorney shall each file on or before the return day of process an affidavit showing
(a) that he is qualified to protect their rights,
(b) whether he is related to or connected in business with any party to the proceeding or the attorney for any party,
(c) whether he is entitled to share in the estate in which the infant, incompetent or conservatee is interested or is in any way interested therein,
(d) whether he has any interest adverse to or in conflict with that of the infant, incompetent or conservatee and
(e) such additional facts as may be required by the court.
2. A person under disability shall appear by a guardian ad litem where no appearance is made as provided in subdivision one or where the court so directs because of possible adversity or conflict of interest or for other cause.
(a) that he is qualified to protect their rights,
(b) whether he is related to or connected in business with any party to the proceeding or the attorney for any party,
(c) whether he is entitled to share in the estate in which the infant, incompetent or conservatee is interested or is in any way interested therein,
(d) whether he has any interest adverse to or in conflict with that of the infant, incompetent or conservatee and
(e) such additional facts as may be required by the court.
2. A person under disability shall appear by a guardian ad litem where no appearance is made as provided in subdivision one or where the court so directs because of possible adversity or conflict of interest or for other cause.
Disclaimer: These codes may not be the most recent version. I make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to any other site. Please check official sources.
