Guardianships

A guardianship is a formal legal arrangement granted by a court under which one person has the right and duty to care for another person and their property. At HoganWillig, we assist clients with guardianship proceedings to help protect the well-being and property of incapacitated individuals or those with disabilities.

There are three 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 now suffers from cognitive or functional limitations that impair their decision-making abilities. In such cases, the incapacity or limitation may result from a sudden accident, an unexpected illness, or a slow, progressive disease.

Article 17 Guardianship

When a minor’s property is valued at more than $10,000, a court must oversee the management of their assets. This usually occurs when a minor child receives a personal injury settlement or inherits property following the death of a relative. The objective of the law is to conserve and protect assets throughout childhood. Those assets are then turned over to the child when they reach the age of 18.

Article 17A Guardianship

Often parents of a developmentally or intellectually disabled child assume that they may continue to make decisions for their child even after they turn 18. However, once an individual reaches 18 years of age, no other person has the authority to make personal, medical, or financial decisions for that individual. Therefore, a guardianship proceeding is required to have the legal authority to make decisions for an adult with a disability.