Get Annual Guardianship Report Nys 2017-2024

What is an Article 81 Guardianship? An Article 81 Guardianship is a legal proceeding under NYS Mental Hygiene Law in the Supreme Court for individuals who lack mental capacity to execute advance directives or whose advance directives are not comprehensive.

The Initial Report is the first report you must write 90 days after you received your Commission. This report is meant to be a picture or “snapshot” of your ward's situation at the beginning of the guardianship.

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.

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.

As mentioned above, guardians in New York have the same rights as a custodial parent to a child. However, obtaining custody of a child for a non-parent, when there's no agreement that allows for this to happen, can be very difficult.

An Article 17-A guardian is someone who is appointed by a Surrogate Court judge to help protect the interests of an intellectually or developmentally disabled adult and make decisions for them, when they are unable to do so for themselves.

NOTE: Whatever the reason is for ending the Guardian, you may not just stop on your own. In order to formally end your responsibilities you must ask the judge to discharge you and ask for permission to submit a “final accounting”. If your ward has died you must send the judge a copy of the Death Certificate.

NOTE: Whatever the reason is for ending the Guardian, you may not just stop on your own. In order to formally end your responsibilities you must ask the judge to discharge you and ask for permission to submit a “final accounting”. If your ward has died you must send the judge a copy of the Death Certificate.