Letters of Guardianship in New York — How to Get Certified Copies

What Letters of Guardianship Actually Are

After the court grants your guardianship petition, the judge signs an order — but the order itself isn't what you'll carry to the school, the doctor's office, or the benefits agency. What you need are Letters of Guardianship, a separate document issued by the court clerk that proves your appointment is active and in full force.

Letters of Guardianship function like official credentials. They tell third parties — schools, hospitals, insurance companies, the Department of Social Services — that you have current legal authority to make decisions for the child. Without them, many institutions will refuse to act on your instructions even if you have the signed court order in hand.

In Surrogate's Court, the clerk issues these letters once the judge signs the decree and you've taken the required oath. In Family Court, the process works similarly under FCA § 661 — the clerk issues a certificate confirming your appointment once the order is entered.

How to Get Certified Copies

You'll need multiple certified copies. One for the school district, one for the pediatrician, one for the benefits office, and at least one spare. Here's the process:

In Surrogate's Court: Visit or contact the Surrogate's Court Clerk in the county where your guardianship was granted. Request certified copies of the Letters of Guardianship. Each certified copy costs $6.00 under SCPA § 2402. You can typically request them at the clerk's window on the same day the decree is entered, or return later.

In Family Court: Request certified copies of the custody or guardianship order from the Family Court Clerk. Family Court doesn't charge filing fees, but certified copy fees vary by county — ask the clerk for the current schedule.

Bring government-issued photo ID when picking up copies. Some counties accept mail requests with a self-addressed stamped envelope and a check or money order, but in-person pickup is faster and lets you verify the copies are correct before you leave.

Letters Expire — Plan for Renewals

Certificates of Letters of Guardianship issued by Surrogate's Court are valid for six months. After that, the letters don't mean your guardianship ended — the underlying order stays in effect until the child turns 18, or the court modifies or terminates it. But the certificate itself goes stale.

An institution may ask for current proof of your appointment. If it asks for a newer certificate, check with the clerk about reissuing one; the certificate can be reissued on request.

Before presenting the certificate, ask the institution whether it will accept the copy you have. If it requires a current certificate, request one from the clerk; each Surrogate's Court certificate costs $6.00.

Where You'll Need to Show Them

The most common situations where you'll present Letters of Guardianship or certified court orders:

• School enrollment: Public schools require proof of legal authority to enroll a child who isn't your biological child. A certified court order or Letters of Guardianship satisfies this requirement under Education Law § 3202.
• Medical care: Hospitals and clinics need documentation that you can authorize treatment. Under Public Health Law § 2504, legal guardians can consent to routine medical, dental, and psychological care.
• Benefits applications: The local DSS office will require proof of your legal relationship to the child when you apply for Child-Only TANF, Medicaid, or SNAP on the child's behalf.
• Banking and financial matters: Opening a bank account for the child, accessing inherited funds, or managing insurance claims.
• Travel: Airlines and border agents sometimes ask for documentation when a child travels with someone other than a parent.

Guardianship of Person vs. Property — Different Letters

If the court appointed you guardian of the child's person only, your letters reflect that scope. If the appointment includes guardianship of the child's property (managing inherited money or assets), the letters cover both roles — and the property guardianship carries additional responsibilities, including posting a bond and filing annual accounts with the court.

Most kinship caregivers hold person-only guardianship. If you also manage the child's property, your letters will say so, and financial institutions will require them before granting access to the child's accounts.

What to Do If an Institution Won't Accept Your Letters

Occasionally a school administrator or doctor's office receptionist will look at your Letters of Guardianship and not know what to do with them. This happens more often in practices that rarely deal with guardianship situations.

If someone refuses your certified letters, ask to speak with a supervisor or the institution's legal or compliance department. Bring a copy of the relevant statute — Education Law § 3202 for schools, Public Health Law § 2504 for medical care — to help them understand what the document means.

For persistent refusals, contact the NYS Kinship Navigator at 1-877-454-6111. They can provide guidance and, in some cases, intervene with the institution on your behalf.

Our Guardianship and Custody Court Process Guide includes a post-order task checklist that walks you through exactly which certified copies to request, where to present them, and what to do when an institution pushes back.

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