For a glossary of common terminology, click here. It is recommended that you seek the assistance of an experienced New York estate and guardianship attorney to help you establish the guardianship. The attorney can prepare the necessary paperwork and represent you at the Court hearing. You will need the following information with you when you use this program: 1. Proceedings where account defective 1, Section 1723. A guardianship is a legal proceeding in which a court appoints an individual or entity to make decisions for a person who, due to mental or physical disability, cannot manage their own personal or financial needs. This entails compiling a list of the decedent’s assets, paying bills, creditor’s claims, paying taxes and other debts and distributing assets to heirs…, After a loved one passes away, the personal representative (fiduciary) on behalf of the estate or trust is responsible for managing the estate and distributing the assets.When the decedent has a valid New York will or trust in place…, Under New York Law, a guardian is a person who has the authority to take care of your minor children if you are unable to as a result of a mental incapacity, illness, disability or you pass away. An article 17-A guardianship petition is used when one wants to appoint a guardian for an intellectually disabled[1] or developmentally disabled person, or for a person diagnosed with a traumatic brain injury. Decree appointing guardian; term of office 1, Section 1708.   info@nyestatelawfirm.com The legal guardian has the same authority and powers as a parent…, (212) 658-0169 They include: MHL Article 81 and Article 17-A of the Surrogate Court Procedure Act (“SCPA Article 17-A”). A recent decision from New York County in which Surrogate Glen denied an Article 17-A guardianship petition, Matter of Chaim, A.K., 8/26/2009 NYLJ 41 (col 1) (Sur Ct, New York County), has clarified the proper use of the proceeding. In such a scenario, initiating a Surrogate’s Court Procedure Act (SCPA) Article 17-A guardianship proceeding may be helpful. INSTRUCTIONS FOR VIEWING ONLINE VIDEO 1. One of two Guardianship legislations in New York State, Article 17-A SCPA celebrated a 50 th year milestone last year, since its enactment in 1969, and it has been the subject of both support as well as criticism by families, corporate Guardianship Programs, Judges, disability and constitutional rights attorneys, as well as advocates, academicians and interested others. 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. Section 1702. If the Ward does not have living parents, brother or sisters, is not married and has no children: 5. Bridging the justice gap in New York. 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 mentally retarded or developmentally disabled. An Article 17-A guardianship is intended to be quite broad and cover most of the decisions that a parent would normally make for a minor child, including choices about finances and medical treatment. Article 17. NYCPBC Newsletter. The Court began its analysis by distinguishing the characteristics of guardianship proceedings brought pursuant to Article 17-A of the Surrogate’s … The attorney understands the New York guardianship laws and can advise you which type of guardianship would be the most appropriate for your ward. For each proposed guardian, standby guar… Petition for appointment; contents A petition for the appointment of a guardian of an infant must show: 1, Section 1707. Powers of a guardian of the property, Section 1724. Affidavit to be annexed thereto To each account as prescribed in the preceding section must be appended the affidavit of the guardian to the effect that the account is a true statement according to the best of his knowledge and belief, Section 1721. Petition for termination of account of guardian, committee, or conservator Where a guardian, committee or conservator is presently maintaining an account on behalf of an infant, incompetent, conservatee or person under disability in an amount not exceeding $10,000. The following persons or entities can service as a guardian: The following persons or entities may not serve as a guardian: Article 81 and Article 17-A guardianships are complex. … Search this site. A Guardianship under MHL Article 81 is primarily used for persons who are mentally or physically incapacitated, such as elderly seniors or victims of brain trauma or brain disease. An Article 17 guardianship is a guardianship for minors. The guardianship process can appear complicated, but the process is streamlined and can be done without the assistance of an attorney. Temporary guardianship by adoptive parent prior to adoption 1, Section S. Of court shall provide for the monitoring by the court of filing of an adoption petition within forty-five days of the execution of a consent to adoption, when an application for temporary guardianship has been filed, Section 1727. The Surrogate’s Court is responsible for grant this type of guardianship. Fill out the form below and we will contact you shortly. An Article 17-A proceeding is a legal proceeding in which a “Petitioner” asks the court to appoint a guardian for a mentally incompetent/mentally retarded person who is incapable of managing … Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of an infant may be made by any person on behalf of the infant or if the infant be over the age of fourteen years, it may be made by the infant, Section 1704. Annual examination of guardian's accounts In the month of February of each year and thereafter until completed or at such other time as the court deems proper, the court must for the purposes specified in the succeeding section, examine or cause to be examined under its direction all accounts filed within the preceding year, Section 1722. Generally, an article 17 guardianship is commenced when a minor’s parent or parents are no longer able to … Subscribe to Updates. The executor or administrator of an estate, trustee of a trust, person living with the incapacitated person, parent, or other interested person, including a social service agency, even if the person is not receiving public assistance, may establish a guardianship by petitioning the Court. New York. Thus, in both proceedings, the court was quite cognizant of the fact that an Article 17-A guardianship is the “most restrictive type of guardianship available” in this State because it “completely removes that individual’s legal right to make decisions over her own affairs and vests the guardian ‘virtually complete power over such individual’” (Proceeding for the Appointment of a Guardian for … Article 17 Guardianship When a minor's property is valued at more than $10,000, a court must oversee management of the assets. There are two major types of New York State guardianships. The guardian is granted only such powers that the court deems is necessary regarding the person’s personal needs and/or property management needs or both. For example, some Surrogate’s Courts require the presence of the petitioners at the court hearing, while other Surrogate’s Courts do not. Those parents use guardianship as a tool to extend their care and control after the … The Surrogate’s Court is responsible for grant this type of guardianship. Training Calendar. In the state of New York, there are two separate processes: Article 17A guardianship is typically used for a developmentally disabled individual and Article 81 guardianship is typically used for a person needing assistance with personal care or financial matters, such as an older person with a … You may view each part separately. Guardianships under Article 81 of the Mental Health Law are referred to as “MHL Article 81,” and Guardianships under Article 17-A of the Surrogate Court Procedure Act are called “SCPA Article 17-A”. Article 17-A/Guardianship. An Article 17-A Guardianship is very broad and covers most decisions that are usually made by a parent for a child such as financial and healthcare decisions. This NYC Guardianship Guide will explain that there are three main types of guardianship proceedings in New York. Tip #1: While Article 17-A applies throughout the state of New York, there are differences among the county Surrogate’s Courts as to how it is applied regarding the completion of the petition. In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. The name, address and birth date of the person who is intellectually disabled or developmentally disabled (also called "the Ward"). This continued legal authority recognizes the lifelong nature of intellectual and developmental disabilities, and is essential for families to help their loved ones make critical decisions into adulthood, including decisions on life-sustaining treatment. The guardian is usually a family member or close friend, who can be given the power to: 1. collect and invest the person’s assets 2. expend assets and income on any of the person’s needs 3. sell the person’s residence 4. protect the person’s assets in such a way as to maximize government benefits (such as SSI and Medicaid) 5. make gifts of the person’s assets to his or her loved ones Bonding Requirements; Investment of Guardianship Funds 1, Section 1709. Article 17 Guardianship is for the guardianship of a child under 18 years of age, not married, and not in the military service. Admin Login. 2. Appointment of successor When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers conferred by the will or deed and with the effect prescribed in 706 of this act unless such appointment would be contrary to the express provisions of the will or deed, Section 1713. If a child’s parents are deceased, or unable to care for their child, a guardian can be appointed by the court under Article 17. A guardianship under Article 17-A of the Surrogate Court Procedure Act is for the care of minor child or a disabled child. Guardianship for an adult who becomes incapacitated Appointing Guardianship Through Article 17A New York State law assumes that anyone 18 years of age or older has the ability to take care of themselves. Under New York law, there are two major types of guardianships that may be established. Under the SCPA Article 17-A, a person who is developmentally retarded 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 mental retardation resulting in impairment of general intellectual function or adaptive behavior.”. An Introduction to Article 17A Guardianships December 16, 2016 In New York State, parents of a person with an intellectual or developmental disability are deemed the Parent and Natural Guardian of that person until they turn 18. About Article 17-A Guardianship An Article 17-A Guardianship is available only for individuals who are "intellectually disabled or developmentally disabled." The name, address and birth date of the Ward's parents, brothers and sisters. In New York there are two different types of guardianships: One in surrogate’s court in New York under Article 17-A of the Surrogate’s Court Procedures Act and one in the supreme court under Article 81 of the Mental Hygiene Law. A guardian can make a broad range of financial decisions on behalf of an incapacitated person. In addition, incorporating guardianship … Article 81 guardianships are primarily used for elderly persons or trauma victims and sometimes used for a person who is mentally ill or developmentally disabled. Although some individuals can qualify for both types, it is clear in most … First you have to determine what type of guardianship you need. Administration of infant's property 1, Section 1714. Guardianship for Incapacitated People in New York Under Article 81. Power of court The court has power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the property or of both of an infant whether or not the parent or parents of the infant or child are living, Section 1703. This usually occurs when a minor child receives a personal injury settlement or inherits property following the death of a relative. Join the Network. Laws of New York (Last Updated: November 21, 2014), Section 1701. New York Guardianship Attorney Jules Martin Haas, Esq. Power of court The court has power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the property or of both of an infant whether or not the parent or parents of the infant or child are living. The video is in three parts. ON-LINE ARTICLE 81 LAY GUARDIAN TRAINING PROGRAM This program is certified to meet the Article 81 statutory training requirements for lay guardians and offers practical advice to assist lay guardians in carrying out their guardianship responsibilities. Will or deed containing appointment to be proved A person shall not exercise within the state any power or authority as guardian of the person or property of an infant by virtue of the appointment by the will of an infant's parent, being a domiciliary and dying after this act takes effect, unless the will has been duly admitted to probate and recorded in the proper court and letters of guardianship have been issued thereon; or by virtue of an appointment contained in a deed of the infant's parent, being a domiciliary, executed after this act takes effect, unless the deed has been acknowledged so as to entitle it to be recorded and has been recorded in the office for recording deeds in the county of domicile of the person making the appointment at the time of execution thereof, Section 1711. If the Ward lives in a group home: 6. The Court can appoint the guardian as a guardian of the person, property or both of the ward. However, depending on the laws of the new state, it may be possible to transfer guardianship from New York without the need for another guardianship proceeding. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate's Court to appoint a guardian to assume the … Copyright © 2020 by eLaws. These are the legal terms used in Article 17-A of the Surrogate's Court Procedures Act . See The Guardianship Project, Incapacitated, Indigent, and Alone: Meeting Guardianship and Decision Support Needs in New York, Nov. 30, 2018. 3. The provisions of Article 17 and Article 81 of the Mental Hygiene Law govern guardianship proceedings in New York State. Appointment of guardian by supreme court 1, Section 1710. These needs may include: If your elderly mother 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. This … SCPA Article 17-A Guardianship – Article 17-A guardianships are mostly thought by parents of special needs or developmentally disabled children who are about to turn 18. 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 mentally retarded or developmentally disabled. Advanced Search. 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