The New York 17-A Guardianship Proceeding Checklist of Intellectually Disabled or Developmentally Disabled Person is a comprehensive guide designed to assist guardians in the guardianship process for a disabled person in New York. It outlines the various steps and documents needed to complete the process, including the necessary forms as per New York State Law Article 17-A. The checklist is divided into two sections: the first section covers the steps required to obtain a guardianship of an intellectually disabled person, and the second section covers the steps required to obtain a guardianship of a developmentally disabled person. For an intellectually disabled person, the checklist includes the following steps: filing a petition for guardianship in the county court, obtaining a medical certificate from a qualified physician, providing notice to the person for whom guardianship is sought and to any other interested parties, obtaining the court’s approval of the guardianship, and appointing a guardian. For a developmentally disabled person, the checklist includes the following steps: filing a petition for guardianship in the county court, obtaining a psychological evaluation from a qualified mental health professional, providing notice to the person for whom guardianship is sought and to any other interested parties, obtaining the court’s approval of the guardianship, and appointing a guardian. The checklist also outlines various documents that must be submitted to the court, such as the petition for guardianship, a medical certificate, the psychological evaluation, the appointment of the guardian, and the report of the guardian. The checklist is designed to help guardians ensure that they comply with all the necessary steps and documents required by New York State law.
New York 17-A Guardianship Proceeding Checklist of Intellectually Disabled Or Developmentally Disabled Person
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FAQ
Assistance with 17-A guardianship for a family member with a developmental disability who is 18 years or older is available in all five boroughs. Please contact us at (212) 780-4408 for assistance.
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.
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.
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.
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.
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.