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In New York, adults with functional limitations fall under Article 81 for guardianship. This type of New York guardianship is appropriate for an individual who, at one time, was competent but now suffers from either functional or cognitive limitations that limit their ability to complete daily activities without help from others.

The Process for Obtaining Article 81 Guardianship in Nassau County, Suffolk County, and New York City, NY

A New York guardianship proceeding begins with the completion and submission of an Order to Show Cause and a petition. These documents explain why guardianship is necessary for the alleged incapacitated person (AIP).

At the hearing, the petitioner testifies to the need for guardianship, the desire to be appointed as a guardian, and the powers requested. The court Evaluator testifies as to their findings and recommendations. Other witnesses may also be called. The court typically states its conclusions at the end of the hearing in a Bench Decision.

Understanding the Steps after Guardianship in New York is Determined

Once the judge determines that the AIP is in need of a guardian, a proposed Order and Judgment is prepared by the petitioner’s attorney and filed with the court for judicial approval. The Order and Judgment names the guardian(s), the powers granted, and the compensation due to the court Evaluator for their services, which will be paid from the incapacitated person’s (IP’s) assets or as otherwise directed by the court. A signed Order and Judgment is necessary for the appointment of the guardian.

The guardian may be required to post and file a bond with the court. They must also sign and file certain documents for their appointment, including a Consent to Act, Oath and Designation, and other court forms. Once all documents have been filed, the County Clerk will issue a Certified Commission to Guardian, which enables the guardian to act.

The Responsibilities of an Appointed New York Guardian

The court will require the New York guardian to take a class offered through the Office of Court Administration to teach them about their duties and responsibilities. The classes are usually offered online or in person.

The guardian will have to file an Initial Report within ninety (90) days of being commissioned to report on the initial assets of the guardianship and the IP’s wellbeing. The court appoints an Examiner to review the required guardianship accountings.

Further, the guardian will need to file an Annual Report in May, detailing their acts as a guardian for the preceding year ending December 31. The report accounts for the guardianship assets and the IP’s wellbeing. 

Russo Law Group, P.C. helps you and your loved ones with Estate Planning, Elder Law, Special Needs Planning, New York Medicaid Planning, Trust & Estate, Guardianship, Small Business Planning, and Real Estate law. We welcome you to contact our Garden City, Lido Beach, or Islandia, New York, law offices to learn more about how we can help address your estate planning legal matters.

If you have questions or concerns about Guardianship in New York in Long Island and New York City communities, please don’t hesitate to contact the New York guardianship attorneys at Russo Law Group, P.C. While we have several office locations, we can also visit your home and offer virtual meetings for your convenience.

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