New York Guardianship Forms 6-2, 6-3, and 6-4 Explained

The Forms That Go with Form 6-1

When you file a guardianship petition in New York Family Court, Form 6-1 (Petition for Appointment as Guardian of a Person or Permanent Guardian) is the main document. But it doesn't stand alone. Depending on your case, you'll also need some or all of the supplementary forms: 6-2, 6-3, and 6-4. Missing one of these can delay your filing or force you back to the clerk's window.

Each form serves a specific role in the guardianship process. Here's what they do and when you need them.

Form 6-2: Oath and Designation for Service of Process

What it is: Form 6-2 is the proposed guardian's affirmation and designation for service of process. You affirm that you are over 18 and will faithfully discharge your duties as guardian, and designate the Family Court Clerk to receive service of process if you cannot be found in New York after due diligence.

When you need it: The proposed guardian completes Form 6-2 with a Family Court guardianship petition. Follow the current form and your court's filing instructions for when and how to submit it.

What to know: The affirmation is a legal commitment, not a formality. If you're appointed guardian, you must discharge your duties according to law. The form also designates the clerk for service of process; it is not a parent's consent form.

Form 6-3: Consent and Preference Regarding Appointment of Guardian

What it is: Form 6-3 records the consent of a person over 18 or the preference of a person over 14 regarding appointment of a guardian. It is completed by the person who is the subject of the petition, not by a consenting parent.

When you need it: Form 6-3 is used when the person who is the subject of the petition is over 14 or over 18, as applicable. A parent's consent or waiver is handled separately on Form 6-4.

What to know:

• The preference or consent belongs to the child or young adult who is the subject of the petition; it is not a parent's waiver of service.
• Check the current form instructions for signature and notarization requirements.
• The court retains authority to review the petition and order background checks or an investigation.

Form 6-4: Waiver of Process, Renunciation, or Consent to Letters

What it is: Form 6-4 is completed by a parent or other legally responsible person who consents to the guardianship, waives process, or renounces a right to letters. It is the parent consent and waiver form, separate from the child's Form 6-3 preference or consent.

When you need it: Use Form 6-4 when a parent or other legally responsible person is willing to consent or waive formal service. If the form is not available or the person does not consent, ask the clerk about the required service procedure.

What to know:

• The parent or other legally responsible person must sign Form 6-4 before a notary.
• A parent who signs a waiver may still receive court notices and appear at a hearing; the court may still schedule an appearance and review the proposed arrangement.
• A signed Form 6-4 may avoid formal service on that signer, but it does not guarantee an uncontested case or eliminate the court's hearing schedule.

Surrogate's Court Uses Different Forms

If you're filing in Surrogate's Court instead of Family Court, the form numbers are different. Surrogate's Court uses its own packet:

• Form G-1: Guardianship Citation
• Form G-2A: Petition for Appointment of Guardian of Person Only
• Form G-2B: Petition for Appointment of Guardian of Person and Property / Property Only
• Form G-3: Affidavit of Proposed Guardian

The concepts are similar — petition, oath, consent, waiver — but the forms follow SCPA Article 17 format rather than FCA format. Make sure you're using the right set of forms for the court you're filing in.

Where to Get the Forms

All Family Court guardianship forms are available free on the NYS Courts website at nycourts.gov. Search for "Family Court guardianship forms" or visit the filing section for your county's Family Court. Many county clerk offices will also provide printed packets when you visit in person.

Don't pay for guardianship forms from a third-party website. The official forms are free, and courts will only accept the official versions.

Putting It All Together

For a typical agreed guardianship case, your filing packet includes:

1. Form 6-1 — the guardianship petition itself
2. Form 6-2 — your oath as proposed guardian
3. Form 6-3 — consent or preference from the child or young adult, if applicable based on age
4. Form 6-4 — waiver or consent from each cooperating parent or other legally responsible person, if applicable
5. OCFS-3909 — Statewide Central Register background check form
6. Supporting documents — child's birth certificate, death certificates if applicable, proof of residency

Our Guardianship and Custody Court Process Guide includes a complete filing checklist that walks through every form and document you need — for both Family Court and Surrogate's Court — so nothing gets missed.

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