When an adult in New York cannot manage personal or financial affairs due to disability, illness or age, the court may appoint a guardian. There are two notable types of adult guardianship in the state, each with a different legal framework and purpose.
Here are some important factors to keep in mind.
Article 81 guardianship
Article 81 of the Mental Hygiene Law allows the court to appoint a guardian for an adult who is incapacitated. This process begins with a formal court petition and often includes medical evidence. The court focuses on the person’s ability to manage daily tasks or make decisions.
This type of guardianship is highly flexible. The court grants only the powers needed, such as authority over healthcare, finances or both. The goal is to preserve as much independence as possible while providing support where necessary.
Article 17-A guardianship
Article 17-A of the Surrogate’s Court Procedure Act applies to adults with developmental disabilities. This includes conditions such as autism, Down syndrome and cerebral palsy. The process is more straightforward than Article 81 and does not always require detailed medical evaluations or evidence of incapacity.
A 17-A guardian is usually given broad powers over personal and property decisions. While this offers protection, it can limit the individual’s independence more than an Article 81 guardianship.
Key distinctions
Article 81 is based on functional limitations and tailored to each case. Article 17-A is diagnosis-based and more general in scope. Understanding which type of guardianship applies depends on the individual’s condition and situation.
If your loved one is vulnerable, the right type of guardianship could help. You can seek legal guidance to find out more about the process in New York.