What Are The Duties of a Guardian In New York?
In New York, there are two main types of Guardianship: Guardians appointed under Article 17-A of the Surrogate Court Procedure Act (SCPA) and Guardians appointed under Article 81 of the Mental Health Law (MHL). Under Article 17-A of the SCPA, the Court has the authority to grant guardianship to parents of mentally ill or developmentally disabled children who are about to turn 18. A 17-A guardianship can be over the person, property or both. In addition, a 17-A guardian is authorized to make healthcare decisions. Under MHL Article 81, a Court has the authority to appoint a guardian to manage the personal or financial affairs of a person who cannot manage themselves due to some incapacity, for example, persons who are mentally ill, developmentally disabled, elderly, or victims of trauma. An Article 81 Guardianship can be sought in more situations that in 17-A. It can be granted where an individual admits to being incapacitated or where an individual is determined by the Court to be incap
