79.15 - Bonds; sureties.

§ 79.15 Bonds; sureties.    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.