Guardianship Law Services in Poughkeepsie, NY
Helping you protect the loved ones who need it most.
Guardianships
A Guardianship Petition is an application to the Court that an individual or entity be awarded the power to make medical and/or financial decisions for an incapacitated individual in order to protect him or her from harm.
Section 17-A Guardianship Proceedings in Surrogate’s Court
A loved one of an individual with a developmental or intellectual disability that arose before the age of 21, or a traumatic brain injury, may petition the Surrogates Court to be appointed Section 17-A Guardian of that individual. It requires an affidavit of one physician and one clinical psychologist, or affidavits of two physicians, swearing that the disabled individual will be subject to harm absent the appointment of a guardian. Section 17-A guardianship is only appropriate in unique circumstances in which the disabled individual’s disability falls into one of the categories above and there is no expectation that the individual will recover to such an extent that the Guardianship will be unnecessary or inappropriate.
Article 81 Guardianship Proceedings in Supreme Court
An Article 81 Guardianship proceeding can be brought for any individual who is incapacitated regardless of the reason for his or her incapacity and regardless of when the condition began. It does not require a showing of incapacity by a physician. Instead it is a functional assessment in which the petitioner pleads that the incapacitated individual would be subject to harm absent the appointment of a guardian. The powers can be tailored to the unique needs of the disabled individual and the guardianship can terminate after a period of time if appropriate.