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Public or professional guardians do not work for free. If a guardian is appointed for you, that person will be paid a reasonable fee for their services. In addition the guardian will be reimbursed for expenses. The guardian's fees and expenses will be paid from the assets of your estate.

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.

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.

If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent(s). This form should be signed and notarized. Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.

In New York State, there are two separate types of guardianships – Mental Hygiene Law Article 17A guardianships and Mental Hygiene Law Article 81 guardianships. While the concept of guardianship may seem straightforward, it is important to understand the differences between the two types.

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.

What is a Guardian? The Guardian Assistance Network helps families or friends who have been appointed by the court under Article 81 of the New York State Mental Hygiene Law to serve as guardians. GAN offers support, practical advice and training in carrying out guardianship responsibilities.

A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.