Guardianship

What it means

A guardianship is a court order that gives one person the authority to make decisions for another person (called the incapacitated person). In New York, there are two main types. Article 81 guardianship is for any adult who cannot manage their own affairs. The court can tailor it — giving the guardian power over some decisions but not others. SCPA 17-A guardianship is specifically for adults with intellectual or developmental disabilities. It gives the guardian broad decision-making authority. Both types are handled in court — Article 81 in Supreme Court, 17-A in Surrogate's Court. The person must be represented by a lawyer, and the court must find that the person truly cannot manage on their own before appointing a guardian.

When you might hear this

You hear this when a family needs to make legal decisions for an adult who cannot make decisions on their own — because of a disability, dementia, or a serious brain injury.

What to ask