Guardianships in New York

When someone can no longer make decisions for themselves due to age, illness, or disability, legal guardianship may be necessary. Guardianship is a legal arrangement that grants one person the authority to make decisions on behalf of another.

Your relationship to the person unable to make decisions for himself or herself can be that of a spouse, child, grandchild, or niece or nephew or even just a neighbor in whom you have taken an interest.   At Reitano Law, we assist families throughout Manhattan, Brooklyn, Queens and Staten Island in navigating the guardianship process with care, respect, and legal precision.

What Is Guardianship?

In New York, guardianship is a court-supervised process where a guardian is appointed to make legal, financial, and/or personal decisions for another person, known as the "ward." There are different types of guardianships depending on the ward's needs and circumstances:

Article 81 Guardianship

Governed by Article 81 of the Mental Hygiene Law and designed for adults who become incapacitated due to physical or mental illness or injury, or even persons born with an intellectual disability, this type of guardianship allows a court-appointed guardian to make specific decisions tailored to the individual’s needs.

Article 17-A Guardianship

Guardianships under Article 17-A of the Surrogate’s Court Procedure Act (SCPA) are typically used for individuals with developmental or intellectual disabilities from birth or early life, this guardianship gives more specific decision-making authority to the guardian.

Guardianship of a Minor

If a child’s parents are unable to care for them due to death, illness, or other reasons, the court can appoint a guardian to make legal and personal decisions for the child and to manage their money under Article 17 of the Surrogate’s Court Procedure Act.

When Is Guardianship Needed?

Guardianship may be appropriate in situations such as:

• An elderly parent with dementia can no longer manage daily tasks or finances or he or she is being financially exploited by someone
• A child with a lifelong disability turns 18 and needs continued care
• A loved one suffers a serious medical event leaving them unable to make decisions
• A mentally ill family member can no longer advocate for himself or herself

In many cases, guardianship is a last resort when other planning tools (like powers of attorney or health care proxies) are unavailable or insufficient.

The Guardianship Process in New York under Article 81

1. Filing a Petition: A petition is filed in court outlining the need for guardianship and the petitioner’s relationship to the potential ward.
2. Court Investigation: The court appoints an evaluator to investigate and report on the ward’s condition and the appropriateness of the guardianship.
3. Hearing: A judge reviews the evidence, hears testimony, and decides whether a guardian is necessary and what powers they should have.
4. Appointment and Oversight: If approved, the guardian is appointed and must report annually to the court on the ward’s well-being and management of finances.