Guardianship

Our office can help you to determine whether a guardianship proceeding is appropriate and, if so, the type of guardianship proceeding appropriate for you or your family. We also provide services to guardians and/or trustees, such as assistance with accountings and petitions for withdrawal.

SCPA Article 17 Guardianship of an Infant
(Surrogate Court Procedure Act)

An Article 17 proceeding for the appointment of a guardian of an infant, or person under 18 years of age, may become necessary where an infant is the beneficiary of a property disposition. Infants may not make certain property decisions or enter into certain legal agreements and their parents are generally not legally authorized to act for them.

SCPA Article 17 Guardianship of Developmentally Disabled or Mentally Retarded Individual
(Surrogate Court Procedure Act)

An Article 17 – A guardianship proceeding may be appropriate where an individual is permanently unable to make personal care decisions and/or property decisions for himself or herself. The condition that prevents the person from managing his or her own personal and property affairs must have originated prior to age 22 years, except in the case of a traumatic brain injury.

Mental Hygiene Law Article 81 Guardianship (Supreme Court)

Where a guardian is sought for a person who is an adult and whose incapacity did not originate prior to the age of 22 years, a proceeding must be brought in the Supreme Court in the appropriate county. The MHL Article 81 guardianship is more tailored to the individual needs of the incapacitated person or person in need of a guardian and may be appropriate for a person whose developmental disability originated prior to age 22.

gavel and legal justice scales