N.Y. Dom. Rel. Law § 81

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 81 — Appointment of guardians by parent DRL § 81 Appointment of guardians by parent /legislation/laws/DOM/A6 § 81. Appointment of guardians by parent. A married woman is a jointguardian of her children with her husband, with equal powers, rights andduties in regard to them. Upon the death of either father or mother, thesurviving parent, whether of full age or a minor, of a child likely tobe born, or of any living child under the age of eighteen years andunmarried, may, by deed or last will, duly executed, dispose of thecustody and tuition of such child during its minority or for any lesstime, to any person or persons. Such surviving parent may appoint aguardian or guardians of the person and of the property of the infantand in making such appointment shall not be limited to the appointmentof the same person or persons in both capacities. Either the father ormother may in the life-time of them both, by last will duly executed,appoint the other the guardian of the person and property of such child,during its minority. Either the father or mother may in the life-timeof them both by last will duly executed, and with the written consent ofthe other duly acknowledged, appoint the other and a third person to bethe guardians of the person and property of such child during itsminority, and in making such appointment shall not be limited to theappointment of the same person or persons in both capacities. Suchconsent must have as part thereof a sworn statement that the consentingparent in so consenting, is motivated solely by the welfare of the childor children, the guardianship of whom is the subject of such consent,and that such consenting parent has not received and will not receiveany consideration for such consent, and such consent may be revoked bysuch consenting parent at any time prior to the death of the other, byfiling in the office of the county clerk of the county in which saidother n for such consent, and such consent may be revoked bysuch consenting parent at any time prior to the death of the other, byfiling in the office of the county clerk of the county in which saidother then resides, a written revocation of such consent, subscribed andacknowledged by the person so revoking, with proof of service of a copythereof on such other parent in the manner provided for service of asummons. An appointment of a guardian of the person and property of aninfant made by duly executed last will of his father or mother shall bevalid and effective if at the time the will is admitted to probate theother parent shall have died or the surviving parent be an adjudicatedincompetent. If both parents die under circumstances which render itdifficult or impossible to determine which of them died first and bothof them left last wills appointing the same person as guardian, theappointment shall be valid and effective. If both parents die undercircumstances which render it difficult or impossible to determine whichof them died first, leaving last wills appointing different persons asguardians, the surrogate's court shall determine which of theappointments will best serve the welfare of the child and issue lettersof guardianship accordingly. If at any time during the minority of theinfant the surviving parent becomes competent to serve as guardian, hemay apply to the court which issued letters of guardianship to theguardian appointed by will for a decree revoking such letters and thecourt shall on such application make such order or decree as justicerequires. A person appointed guardian in pursuance of this sectionshall not exercise the power of authority thereof unless such will isadmitted to probate, or such deed executed and recorded as provided bySCPA 1710. Source: NYSenate.gov Open Legislation | Laws of New York Page 1