Surrogate Court Procedure Act or General Obligations Law?

Surrogate Court Procedure Act Section 1726General Obligation Law Section 5-551Who can nominate a standby guardianParent, legal guardian, or legal custodian, or primary caretaker when a parent cannot be located. Petition must state that parent or legal guardian has died or has a progressive chronic or irreversibly fatal illness.Parent. How to establish a standby guardianFile a petition and participate in court hearing before triggering event or written designation before triggering event followed by petition and hearing after triggering event. The court will consider the preference of a child over 14. Parent dates and signs a written designation including the name and address of the parent and designee, and the name and date of birth of each child. Term60 days from signing of designation Up to six months from triggering event How standby authority is activatedDetermination of parent’s incapacity or death certificate, or parent’s consent (in the case of terminal illness). Guardian by written designation has 60 days to petition for appointment.Stated contingency or triggering event as specified in the written designation. Withdrawal of guardianship After designation, verbal or written notification. After a petition has been filed, by filing written revocation with court and notifying standby guardian. Verbal or written notification to the designee or anyone to whom the designation was presented; execution of subsequent designation.