New Law Extends Time for Confirmation of Standby Guardian
A new law became effective on July 28, 2009 that extends the time for a Standby Guardian to be confirmed by the Surrogate’s Court from 60 days to 180 days (6 months). Many families and others interested in guardianship are unaware that if a primary guardian dies or is unable to continue to act as guardian, the standby guardian must be “confirmed” by the Court. Under the old law if a Standby Guardian was not confirmed within 60 days of the date of death or resignation of the primary guardian, then the Standby Guardian would have to go through the entire guardianship process again.
Families are rarely focused upon the need to obtain Court confirmation when a loved one has died or becomes infirm. The extension of time now gives families a reasonable time to have the Standby Guardian confirmed (approved) by the Court. However, if the Standby Guardian is not confirmed within the six month period an entire new guardianship proceeding is still required.