If an individual has lost capacity, or if an individual has been disabled from birth and is incompetent, it may be necessary to commence a court procedure to appoint a person to carry out the individual’s wishes. The appointed individual is called the “Guardian.” The Guardian will often have to make personal, financial and health care decisions for the individual.
There are several types of Guardianship Proceedings including:
Surrogate’s Court Procedure Act Article 17 is the proceeding used for individuals where a Court appoints a Guardian. This might apply to a minor whose parents are deceased;
Surrogate’s Court Procedure Act Article 17-a applies to individuals who lack capacity from birth, such as Autism, or Down’s Syndrome;
Mental Hygiene Law Article 81 covers those individuals who have become incompetent because of brain injury, stroke, Dementia, or Alzheimer’s and needs a Guardian.
Our office will be happy to explain the intricacies of the various Guardianship Proceedings to interested clients.