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What is a guardian? (1)+

  • Guardianship

    Guardianship is a legal arrangement where a court gives a person the legal right to make decisions for another person who is unable to make decisions for themselves. Depending on the type of guardianship asked for and the person over whom guardianship is requested, the case is handled by the the Family Court, the Supreme Court or the Surrogate's Court. Learn about the basics of guardianship. Content Detail


I am planning a funeral (1)+

I want guardianship of someone who is incapacitated (2)+

  • Guardianship for Incapacitated People in New York Under Article 81

    Article 81 of New York's Mental Hygiene Law allows a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity.For example, if a valid Power of Attorney was not signed when an individual had mental capacity, and now the individual has lost the capacity to manage his/her own affairs, then a Guardian may need to be appointed by the Court. Content Detail

    Goldfarb, Abrandt Salzman & Kutzin LLP
  • Guardianship of An Incapacitated Adult

    An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law. Content Detail


I want guardianship of someone who is over 18 years old and disabled (2)+

  • Surrogate's Court 17A Guardianship Petition Program

    Surrogate's Court can appoint a parent or other relative the guardian of an intellectually disabled or developmentally disabled person through an Article 17-A Guardianship proceeding. Article 17-A provides for legal guardianship of a person even after he or she reaches the age of 18. You can use the free and easy Do-It-Yourself Article 17-A Guardianship Petition program to fill out the forms you need to start the 17-A Guardianship proceeding. Content Detail

  • Guardianship of a Developmentally Disabled Person

    In New York State, when a person becomes 18 years old they are assumed to be legally competent to make decision for themselves. This means no other person is allowed to make a personal, medical or financial decision for that individual. If a person is "mentally retarded or developmentally disabled," has difficulty making decisions for themselves and over 18 years old, you can ask the Surrogate's Court to appoint a guardian for him or her. Content Detail