New York Initial Report (IP Guardianship) is a document used to initiate a guardianship for an incapacitated individual in the state of New York. It is typically filed by a guardian of the person or estate to request a court determination of incapacity and appointment of a guardian. The document contains information about the individual's assets, debts, and any current guardianship. It also includes information on the individual's family members and the proposed guardian. The document must be sworn to and notarized by the proposed guardian and filed with the court. There are two types of New York Initial Report (IP Guardianship): IP Guardianship for Adults and IP Guardianship for Minors. IP Guardianship for Adults is the guardianship created for an individual age eighteen or older who is incapacitated, while IP Guardianship for Minors is a guardianship created for a minor who is under the age of eighteen and is deemed incapacitated.
New York Initial Report (IP Guardianship)
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FAQ
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.
Article 17-A Guardianship Hearing A judge may hold a hearing before they decide whether to appoint a 17-A Guardian. A hearing is a formal proceeding where the following people may appear together in court: the judge. the petitioner.
What is the Difference? 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.
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.
There are two kinds of guardians ? Article 81 guardians and Article 17-A guardians. Everyone is presumed to have capacity to make decisions unless a clinician or court determines otherwise. For individuals unable to make decisions for themselves, a court may appoint a guardian.
SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
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.
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.