Obtaining Legal Guardianship Guide

Summary

In New York, obtaining legal guardianship involves filing a petition with the court and providing evidence such as medical evaluations and financial records. There are different types of guardianship, including Article 81 for incapacitated adults and Article 17-A for individuals with intellectual or developmental disabilities. Article 17-A guardianship allows the guardian to make decisions about medical care, education, finances, housing, and consent to services.

Full Conversation

How can I get a legal guardian
Hi Patrick! To get a legal guardian in New York, you typically need to go through a court process. Here are the general steps:
- File a petition with the Surrogate's Court or Family Court.
- Provide evidence that a guardian is necessary.
- Attend a court hearing.
Do you have any specific circumstances or reasons for needing a guardian?
What kind of evidence is needed for guardianship
Hi Patrick! To establish guardianship in New York, you generally need the following evidence:
- Medical or psychological evaluations indicating the need for a guardian.
- Testimonies or affidavits from healthcare professionals.
- Financial records showing inability to manage finances.
- Statements from family members or friends supporting the guardianship.
Do you have a specific situation that might require additional details?
Thanks
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You're welcome, Patrick! If you need more specific guidance or have additional questions about the process, feel free to ask.
Is it the same type of guardianship for elderly as the disabled or do they have different ones
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In New York, the type of guardianship can differ based on the individual's needs:
- Article * Guardianship: For adults who are incapacitated due to illness, disability, or age.
- Article *-A Guardianship: Specifically for individuals with intellectual or developmental disabilities.
Do you need more details on either of these types?
I am intellectually disabled and also have autism.
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Hey Patrick! For someone with intellectual disabilities and autism, Article *-A Guardianship is typically applicable in New York. This guardianship is designed to assist individuals like you.
Would you like more information on how to proceed with Article *-A Guardianship?
What type of decisions does a 17A guardianship do
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Hey Patrick! Under Article *-A Guardianship in New York, the guardian can make decisions regarding:
- Medical care
- Education
- Financial matters
- Housing
- Consent to services and programs
Is there a specific aspect you need more details on?