Article 17-A Guardianships and Article 81 Guardianships
Your Guardianship Lawyer
MHL Article 81 Guardianship
- Health care
- Financial affairs
- Management of the person’s property
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If your elderly family member has been diagnosed with dementia, then you may want to establish a guardianship to take care of her personal and property needs to ensure her health, safety and comfort.
Surrogate’s Court Procedure Act 17-A (SCPA Article 17-A)
The other type of major guardianship in New York is the Article 17-A of the Surrogate Court Procedure Act (“SCPA Article 17-A”), which is only used for the establishment of a guardianship for a person who is intellectual disabled or developmentally disabled. The Surrogate’s Court is responsible for grant this type of guardianship. The Court can appoint the guardian as a guardian of the person, property or both of the ward.
Under the SCPA Article 17-A, a person who is developmentally intellectual or mentally disabled is “a person who has been certified by one licensed physician and one licensed psychologist, or by two licensed physicians….” In the case of a developmentally disabled person, the disability may be attributable to “cerebral palsy, epilepsy, neurological impairment, autism or traumatic head injury or any other condition closely related to intellectual disability resulting in impairment of general intellectual function or adaptive behavior.”
So if you are parent of a child who is developmentally disabled and about to turn 18, then you may want to establish an Article 17-A guardianship so that you have the legal authority to continue to look out for the health, education and welfare of your adult child.
Who Can Establish a Guardianship?
- Any person over eighteen years of age, or a parent under eighteen years of age, if the Court has deemed the person suitable
- Adult child
- Parent or another family member
- Entity such as a corporation or community guardian program
The following persons or entities may not serve as a guardian:
- Any creditor of the incapacitated person
- Employer of a health care provider, residential service, day care or educational facility providing services to an incapacitated person
- Mental hygiene legal service