Who needs to fill out the OCFS-3909?

The proposed guardian and every person 18 years or older living in the proposed guardian's home must complete an OCFS-3909 form. This is a mandatory requirement — the court will not process the guardianship petition without it.

How is the OCFS-3909 processed?

You file the OCFS-3909 with your guardianship petition at the Surrogate's Court. The court forwards it to the Statewide Central Register of Child Abuse and Maltreatment, which checks whether any named person has a history of indicated child abuse or neglect reports.

OCFS-3909

Background Check Authorization (Guardianship)

Before the court appoints anyone as a guardian, it requires a background check. This form gives permission to run that check. Required with every guardianship petition.

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Choose your path

This background check form is required with every guardianship petition.

It must be completed accurately — any errors or omissions can delay the court's processing of your guardianship case.

Keystone Pinnacle Pro offers document preparation for selected forms. Check availability, scope and pricing on Pro. Preparation does not include legal or tax advice or court representation.

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When do you need this form?

You're filing a guardianship petition — this form is always required.

This site provides general information, not legal advice. For legal counsel, consult a licensed attorney. Official forms are maintained by New York State and may change.

Frequently Asked Questions

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Other guardianship forms

G-2B

Petition for Appointment of Guardian of Property

A child inherited money or property and needs a legal guardian to manage it. This form asks the court to appoint you as that guardian.

G-2A

Petition for Appointment of Guardian of Person Only

When a child needs a legal guardian for custody and care — but not for property. This form asks the court to appoint you as guardian of the child's person.

17-A

Article 17-A Guardianship Petition (Intellectually Disabled)

For appointing a guardian over a person with intellectual or developmental disabilities who is over 18. Covers guardianship of the person, property, or both.

CSMD-1

Petition for Standby Guardian (Article 17-A)

Appoints or confirms a standby guardian for a person with intellectual disabilities, in case the current guardian becomes unable to serve.

Keystone Pinnacle Property Advisors

Need More Than Form OCFS-3909?

OCFS-3909 is one step in a longer court process. If the estate also includes a house or other real property in Brooklyn, Keystone Pinnacle helps coordinate the filings, tax clearances, and the sale.

Schedule a 15-minute call. We'll walk you through the process, the timeline, and what documents you need.

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Not legal advice. Estate property advisory and document preparation.