Guardianship

Guardianship in New York


Serving Clients in New York City and the New York Metropolitan Area

In some – but by no means all – cases, persons with disabilities ranging from aging, illness, or special needs may not be able to properly manage their own affairs. They also may not have the capacity to appoint a substitute decision maker. This is especially true of those persons who are no longer minors – and no longer under the protective authority of their parents. In these cases, a guardian must be obtained and empowered to make personal and property decisions for individuals with disabilities or cognitive impairments who are now adults. Guardianships are granted by the courts for affected individuals who require this protective process, and who need help with decision-making, support, and health care choices.

Grimaldi Yeung Law Group can help you decide if guardianship is appropriate, and, if so, determine the right type of guardianship to meet your circumstances and needs.To do that we will explore with you the powers needed to protect and care for a disabled loved one (Article 81 or Article 17A). If you do decide a guardianship is appropriate, we can help you advocate on behalf of the individual with the disability and/or interested family members. Following is a brief comparison of the two types of guardianships and their powers.

Article 17a guardianship is intended to serve people who were diagnosed as intellectually or developmentally disabled, either before the age of 22, or as a result of a Traumatic Brain Injury (TBI). 

Article 81 guardianship is intended for people who cannot provide for their own personal or financial needs, and who cannot recognize the effects of this deficit. There are no specific diagnostic or age restrictions. Because this form of guardianship does not depend on a diagnostic test, the law requires clear and convincing evidence that an Article 81 guardianship is justified. 

Each form of guardianship has its own set of guardian training, financial guidelines, and legal reporting requirements. Our attorneys are well-versed in guardianship laws and can empower you to navigate this system as you care for your disabled loved one.

Contact Grimaldi Yeung Law Group today for assistance.

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