Section 79.15. Bonds; sureties  


Latest version.
  • Before  making an appointment under the provisions of this article the
      court shall be satisfied that the guardian, whose appointment is sought,
      is a fit and proper person to be appointed. Upon the  appointment  being
      made  the  guardian  shall execute and file a bond to be approved by the
      court in an amount not less than the  sum  then  due  and  estimated  to
      become  payable  during  the  ensuing year, if he is to receive only the
      benefits from the administration and income from such benefits.  If  the
      guardian  is  also  to  receive  other property of the ward, the minimum
      amount of  the  said  bond  shall  be  increased,  in  the  case  of  an
      incompetent  ward,  by  the  amount  of the bond required of a committee
      appointed under article seventy-eight of this chapter, and in  the  case
      of  an  infant  ward,  by  the amount of the bond required of a guardian
      appointed under  the  surrogate's  court  procedure  act;  or  else  the
      guardian  shall  execute  and  file  an  additional  bond  in the amount
      required by the applicable statute. The said bond or bonds shall  be  in
      the  form  and  be  conditioned as required of guardians appointed under
      article seventy-eight of this chapter, in the  case  of  an  incompetent
      ward,  and  under the surrogate's court procedure act, in the case of an
      infant ward. The court shall have power from time to time to require the
      guardian to file an additional bond. The necessity of requiring  a  bank
      or  trust company to give bond when acting as guardian shall be governed
      by subdivision five of section one hundred-a of the banking law.
        Where a bond is tendered by a guardian with  personal  sureties,  such
      sureties  shall file with the court a certificate under oath which shall
      describe the property owned, both real and personal, and that  they  are
      each  worth  the  sum  named in the bond as the penalty thereof over and
      above all their debts and liabilities and exclusive of  property  exempt
      from execution.