There are 3 basic types of Guardianships in New York:
- Article 81 Guardianship
An Article 81 Guardianship is appropriate for an individual who, at one time, was competent but not suffers from either functional or cognitive limitations that limit their ability to complete daily activities without help from others. In some cases, the limitation may be the result of an unexpected illness, sudden accident or a slow progressive disease.
- Article 17A Guardianship
Often, parents of children with special needs, whether developmentally disabled or intellectually disabled, assume they may continue to make decisions of their child’s behalf even after the child reaches the age of majority or 18 years of age. However, once the child reaches the age of majority, no other person has the authority to make medical, personal and/or financial decisions for that individual. In order to legally be able to make decisions for an adult under a developmental disability, a guardianship proceeding is required.
- Article 17 Guardianship (for a minor)
In instances where a minor’s property is valued at more than $10,000, a court must oversee the management of the assets. This usually occurs when a minor has either inherited funds or property after a loved one deceases or when a personal injury lawsuit is settled. The objective of the law is to protect the gained assets of the minor throughout childhood. After reaching the age of majority, the assets are turned-over to the child.