Article 17A Guardianship

Guidance from Experienced New York Estate Planning Lawyers

At Novick & Associates, P.C., we are renowned for being a law firm that provides top-notch legal counsel for people dealing with all sorts of estate litigation issues. Our New York estate planning attorneys are wholly familiar with complex and delicate guardianship laws, including those pertaining to Article 17A, often referred to as part of the Mental Hygiene Law.

Appointing Guardianship Through Article 17A

New York State law assumes that anyone 18 years of age or older has the ability to take care of themselves. This is sometimes known as inherent legal competence. The issue that quickly stems from this notion is that people who have had mental incapacities or developmental disabilities their whole lives are unlikely going to be able to handle everything that comes their way, such as important medical or financial decisions.

It is up to loved ones to move for a court to assign guardianship through Article 17A. To prove to the state that the individual requires such guardianship, a certification from either two physicians or one physician and one psychologist must be provided.

Responsibilities of the Guardian

No two guardianship cases are the same. Each is unique to the individuals involved, so if you are assigned guardianship through Article 17A, you could have an array of responsibilities or only a few.

It should be noted that being assigned a guardian does not mean you must become an in-home nurse for the person in question. Although, it could mean that you will have to hire such a professional on their behalf to check on or care for them regularly.

Perhaps the wisest move you can make when dealing with Article 17A guardianship hearings and proceedings is to team up with our New York estate planning lawyers. The last thing you would want to do would be to overlook an important aspect of the court's ruling or the law, which could lead to complications and serious issues. With us by your side, you can rest easy knowing that you have the legal support necessary to overcome any obstacles and ensure that your mentally disabled or incapacitated loved one will be comfortable.