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What is Mental Hygiene Law Article 81? As a New York City guardianship attorney can explain, the New York State Mental Hygiene Law Article 81 is the statute that provides the procedure for the appointment of a Guardian to handle a person's financial affairs or personal needs.

An Article 81 guardianship is typically sought when individual has become incapacitated due to dementia or Alzheimer's Disease typically, while an Article 17-A guardianship is used when an individual is intellectually or developmentally disabled and in need of a decision maker.

SCPA Article 17 governs the appointment, duties and authority of a guardian of an infant (any child under the age of 18). A guardian may be appointed of the person and property, of the person only, or of the property only of an infant.

A court appointed guardian for a child has the same power to make decisions for the child as a parent would. The guardianship will typically last until the child is 18 or 21 years old, depending on the circumstances of the case and which court granted guardianship, Surrogate Court or Family Court.

A judge can appoint an Article 81 guardian to help a person manage their personal needs or property or both. Examples of personal needs include, but are not limited to: making healthcare decisions. deciding where the person should live. applying for government or private benefits, on behalf of the person.

Article 17-A is almost purely diagnosis driven, while Article 81 requires a more refined determination linking functional incapacity, appreciation of danger, and danger itself. Unlike Article 81, Article 17-A provides no gradations and no described or circumscribed powers.