Types of Guardianship Proceedings
There are four types of Guardianship proceedings in New York which are governed by the three separate bodies of law:
Article 81 of the Mental Hygiene Law (MHL) – Article 81 Guardian
Article 17 of the Surrogate’s Court Procedures Act (SCPA) – Article 17 Guardian
Article 17A of the Surrogate’s Court Procedures Act (SCPA) – Article 17A Guardian
Article 6 Part 4 of the Family Court Act (FCA) – Article 6 Guardian
Article 81 Guardian is a term used herein to describe the appointment of a guardian under Article 81 of the Mental Hygiene Law. This type of Guardianship is commonly utilized for the appointment of a Guardian for an adult, but, depending on the circumstances, can also be suitable for a minor. An Article 81 Guardianship is commenced by filing a petition in the Supreme Court or County Court, typically in the county in which the individual resides.
This type of guardianship focuses on the abilities and rights of an individual, mandating that the Guardian’s decision-making authority be limited to the specific needs of the individual. The ultimate goal is to allow the individual to have the freedom to make decisions of which he or she remains capable, despite the appointment of a guardian to make those decisions for which he or she is no longer capable of making.
How the Court strikes such a balance requires a full understanding of Article 81 of the Mental Hygiene Law, including due process requirements, reporting and bonding considerations and the protections afforded the individual (the Alleged Incapacitated Person) who is the subject of the proceeding.
The Law Offices of David Smoren, PLLC can help you decide if an Article 81 Guardianship is appropriate to address your concerns. Call us today at 718 225-6700 for a free phone consultation, or to arrange for a comprehensive home or office consultation or simply post a comment or question on the contact form.
Article 17 Guardian is a term used herein to describe the appointment of guardian under Article 17 of the Surrogate’s Court Procedure Act. This type of Guardianship is exclusively limited tovv the appointment of a Guardian for a person under the age of eighteen. An Article 17 Guardianship is commenced by filing a petition in the Surrogate’s Court, typically in the county in which the subject individual resides.
This type of Guardianship is typically utilized for the appointment of guardian for a minor in situations where the minor is entitled to receive a sum of money over $10,000.00 pursuant to a will, settlement, intestacy or a wrongful death proceeding. In such instances the law requires the appointment of a guardian over the property so that the monies are accounted for, protected and remain available for the minor until the age of majority, which is eighteen years old.
In addition, a guardian can also be appointed under Article 17 to make day to day decisions of a minor and assume such responsibilities that would normally be carried out by a natural parent. This type of appointment is considered a guardianship of the person or personal needs guardianship.
Determining whether an Article 17 Guardianship is appropriate for you can be confusing. There are annual reporting requirements to consider and deciding whether to seek a guardian for property and/or personal needs management should be considered from the beginning.
The Law Offices of David Smoren, PLLC can help you decide if an Article 17 Guardianship is appropriate to address your concerns. Call us today at 718 225-6700 for a free phone consultation or to arrange for a comprehensive home or office consultation or simply post a comment or question on the contact form.
Article 17A Guardian is a term used herein to describe the appointment of guardian under Article 17A of the Surrogate’s Court Procedure Act. This type of Guardianship is limited to the appointment of a guardian for an individual who is developmentally disabled or mentally retarded. An Article 17A Guardianship is commenced in the Surrogate’s Court, typically in the county in which the subject individual resides.
This type of Guardianship is typically utilized by a parent for the appointment of a guardian when a developmentally disabled or mentally retarded child is about to turn eighteen years old. At such age, with limited exceptions, parents no longer have the authority to make personal, medical and/or financial decisions for their child. A petition under Article 17A is not restricted to parents or family members, but may also be commenced by friends or other concerned adults.
As with an Article 17 Guardianship, an Article 17A guardian can be appointed for personal needs management, property management, or both.
Determining whether an Article 17A Guardianship is appropriate for your concerns can be confusing. However, when no opposition is expected, this type of proceeding can be commenced with little expense and without the need to retain a guardianship lawyer.
The Law Offices of David Smoren, PLLC, can help you decide if an Article 17A Guardianship is appropriate to address your needs. Call us today at 718 225-6700 for a free phone consultation or to arrange for a comprehensive home or office consultation or simply post a comment or question on the contact form.
Article 6 Guardian is a term used herein to describe the appointment of guardian under Article 6 Part 4 of the Family Court Act (FCA). This type of Guardianship is exclusively limited to the appointment of a guardian for an individual under the age of eighteen. An Article 6 Guardianship is commenced in the Family Court in the county in which the subject minor resides and is very similar to the Article 17 Guardianship commenced in the Surrogate’s Court.
An Article 6 Guardian is appointed to make day to day decisions for the minor as well as to assume those responsibilities that would normally be carried out by a natural parent. Such a Guardianship is considered a Guardianship of the Person; however, unlike an Article 17 Guardian, there is no provision for the appointment of a property management Guardian.
This type of Guardianship is typically utilized by grandparents, or other close relatives of a minor child to obtain the legal authority to make decisions for the child. It is not uncommon to utilize such proceeding for a minor child who is attending school in New York while their natural parents reside abroad.
The Law Offices of David Smoren, PLLC, can help you decide if an Article 6 Guardianship is appropriate to address your concerns. Call us today at 718 225-6700 for a free phone consultation or to arrange for a comprehensive home or office consultation or simply post a comment or question on the contact form.