What is Guardianship?

April 9, 2010

Guardianship involves a situation where a court appoints one person (the Guardian) to make decisions regarding personal and financial matters of another individual (the ward). In New York, a Guardian may be appointed under Article 81 of the New York Mental Hygiene Law by a Supreme Court judge or Article 17A of the Wills, Trusts & Estate Law by a Surrogate Court Judge.

Guardianship proceedings should be brought when there is an individual whose judgment or capacity is impaired or there is a major threat to an individual’s health and welfare. A physician should be consulted to render a medical evaluation of the capabilities of the individual who you seek a Guardianship for.

A Guardian can have two types of authority in the State of New York. He or she can have authority over the person, of the ward. The Guardian can also have authority over the property of ward or both the person and property of the ward.

If a Guardian is appointed to deal with the person of the ward, he or she is responsible for medical treatment. A Guardian appointed to handle the personal finances of the ward must account for of the ward’s income, assets and expenditures to the court that appointed him or her.

For help on guardianships for children under 18 or elderly individuals, you can always e-mail or call our office at 800-344-6431.

Picture courtesy of nsnn.com

4 Responses to “What is Guardianship?”

  1. joseph candarini Says:

    i am 41 years old do i have to sign to give them guardianship because i dont want to give her guardianship

  2. I’m not sure I understand the circumstances of your case. Please call our office at 516-561-6645 so you can set up a free consultation or speak with an attorney about your questions. Thanks and best of luck.

  3. Helen Kasper Says:

    What is the law regarding guardianship (adult w/dementia an example)? Can you give me the law or citation to refer to exactly? Please respond. Thank you.

  4. If you need help with this issue, please call the office at 516-561-6645.

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