Article 81 Guardianship
The New York Mental Hygiene Law, Article 81, allows for the Court to appoint a guardian for an adult if the Court determines that an appointment is necessary to provide for the adult’s personal needs, such as food, clothing, shelter, health care or safety, and/or to manage their financial affairs, and the person in need of a guardian either agrees to the appointment or is incapacitated. The appointed guardian will be granted only those powers which are necessary while affording the person in need of a guardian the greatest amount of independence and self-determination in light of their understanding and appreciation of the nature and consequences of his or her functional limitations.
Article 17 Guardianship
Article 17 of the New York Surrogate’s Court Procedure Act provides for the appointment of a guardian of the person and/or property of a person under 18 years old. This may be necessary when a child inherits property from an estate, retirement account or insurance policy. The person appointed guardian of the minor will be authorized to receive the inherited funds on behalf of the child and maintain an account of said funds under the Court’s supervision.
Article 17A Guardianship
A proceeding under Article 17A of the New York Surrogate’s Court Procedure Act applies when seeking the appointment of a guardian for a person who is intellectually or developmentally disabled. Such an appointment may be appropriate where an individual is in need of assistance with personal needs and property management into adulthood because of a condition that is permanent in nature or likely to continue indefinitely.