NY State — NY Real Property Actions & Proceedings Law

§ 1608 — SECTION 1608 Guardians ad litem

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 1608?

Quick Answer

This section outlines the court's responsibility to appoint a guardian ad litem for minors or individuals under disability who are parties in certain legal proceedings. It also addresses the appointment of a guardian for future interests in real property when current ownership is uncertain. Applies to parties involved in legal actions regarding real property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 1608 SECTION 1608 Guardians ad litem

RPAPL § 1608

1.On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602 the court shall appoint a guardian ad litem for any minor or other person under disability who is a party to the proceeding and is not represented by a duly acting guardian, committee or conservator.

2.On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602, if it appears that a future interest in the affected real property has been so limited that as yet there are neither certain nor presumptive owners thereof in being or ascertained, the court shall appoint a guardian ad litem to represent and to protect the possible interests of the person or persons who eventually may become entitled to such real property, or to an interest therein, under such limitation. The granting of an application is not necessarily precluded by the fact that as yet no person other than the applicant is in being, who can acquire a beneficial or possessory interest in the affected real property.

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