Last Will and Testament-New York

The Court may appoint a Guardian for a Minor, if the Court finds the appointment would be in the best interest
of the Minor and one of these four statements applies:
1. The parents consent to the appointment.
2. The parents’ parental rights have been terminated by a court order.
3. The parents are unwilling or unable to exercise their parental rights. For example, the parents are
deceased or they have abandoned the child.
4. Guardianship of a child has previously been granted to a third party and the third party has subsequently
died or become incapacitated and the guardian has not made an appointment of a guardian either by will
or written instrument.