Basic Questions Answered About New York State Guardianship

Earlier this year in May, a group of professional guardianship law experts gathered in New York to discuss among themselves for a half a day stint the implications of the new Guardianship provisions that took effect in the state of New York on April 21st the month before. Article 83 which aims to reduce incidence, complications and costs of interstate guardianship cases and has already been adopted by numerous other states was discussed first. Next followed coverage of Article 81 which establishes customization of limited guardianship status to the needs of each individual. Finally on the conference's agenda was Article 17-A, which essentially is "total" guardianship rights. They also discussed the best advice to give new guardians in the administration of their responsibilities. Considering the complicated nature of this area of law and the recent changes in the statutes, it may be of benefit to those seeking guardianship to run through the basic facts about guardian-ward relations in the state of New York.

Who is Involved in the Process?

A relative or even a friend of the family who is an adult can seek to become a guardian of a child, of an adult with mental handicaps, or of an elderly adult who is losing ability to manage his or her affairs independently. In some cases a child protection agency may even seek to become guardian.

What is the Definition of Legal Guardianship?

A guardian exercises in full or in part court-given authority over the decision-making aspects of the life of a ward. Parents are automatically guardians to their children while they are minors, but in all other cases, a court must assign such status. A standby guardian is a person who is not yet a guardian but who is appointed to take over such responsibilities upon the death or incapacitation of the present guardian.

When Should One Begin the Process of Seeking Guardian Status?

One should note that it can take six months in many cases to obtain this legal right, and therefore one should begin at least that far ahead of time. If one sees the need arising for a guardianship, it behooves them to start the process early instead of risking an period in which the person has no guardian and is incapable of running their own affairs as well.

Where Should I Go to Seek Guardianship?

A Family Court or a County Surrogate Court is the place to apply for guardianship, though is some cases you will be directed to other locations. Family Court is the most common location to file, and there are no fees associated with filing there.

How Does the Process Work?

You will need to not only fill out your application and submit it, but also obtain the signed opinions of medical doctors assessing the ward-to-be as in need of guardianship due to some particular condition. Basic identification papers must be brought for both the future guardian and ward. Birth date and residence proofs are especially important, as is anything establishing the relationship that already exists between the two parties. If a child is 14 or older, he or she will likely be asked about willingness to accept the guardianship, unless judged fully incapable of making even that decision.

Why Seek Guardianship?

Since life is full of legally binding decisions, situations in which informed consent is required, a person incapable of clearly and competently making financial, medical, and other decisions on their own will need a guardian to be able to function well in society.

To What Extent Will the Guardianship Apply?

There are two basic types of Guardianship in New York state: Article 17-A status which grants near-total control of the affairs of the ward, and Article 81 status which picks out specific areas of management for the guardian but leaves the rest of his decisions in his own hands. The former is best for severely mentally handicapped persons and the latter for more mild cases. A good lawyer who specializes in guardianship law will know the details of New York's statutes and offer solid advice on what to do before, during, and following the obtaining of guardianship.