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/or their property. At HoganWillig, we assist clients with guardianship proceedings to help protect the well-being and property of individuals who are incapacitated or who have disabilities.
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 now suffers from cognitive or functional limitations that impair their decision-making abilities. In such cases, the incapacity or limitation may be the result of 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 management of the 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 the assets throughout childhood. The assets are turned over to the child when he/she reaches 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 the child turns 18. Once an individual reaches 18 years of age, no other person has the authority to make personal, medical, or financial decisions for that individual. In order to have the legal authority to make decisions for an adult with a disability, a guardianship proceeding is required.
- March 18, 2019