Guardianship
SCPA Article 17 Guardianship
An SCPA Article 17 Guardianship is generally viewed as the simplest form of Guardianship in New York State. This form of Guardianship is limited exclsuivly for infants (minors). This type of Guardianship is common to deal with items such as personal injury settlements for a minor or life insurance proceeds inherited by a minor. Many individuals handle this form of guardianship pro se.
SCPA Article 17-A Guardianship
Article 17-A guardianships are mostly thought by parents of mentally retarded or developmentally disabled children who are about to turn 18. Those parents use guardianship as a tool to extend their care and control after the disabled person reaches the age of majority. A SCPA 17-A guardianship is granted by the Surrogate’s Court. It can include a guardianship of the person, property, or both. A 17-A guardian is authorized to make healthcare decisions.
Typically, the assets of a 17-A ward are held by the clerk of the Surrogate’s Court, unless the court fixes a bond. The guardian will be required to deposit all of the ward’s fund into the account held jointly with the court, and will need an endorsement of the surrogate clerk on every check made out of that account. This type of Guardianship could generally be completed for less than $1,000.00 in Western New York.
MHL Article 81 Guardianship
Guardianships for the elderly and victims of trauma are mostly obtained through MHL Article 81 proceedings. Article 81 is sometimes also used for the mentally ill and developmentally disabled. SCPA Article 17-A only authorizes a guardian for an individual who is mentally retarded or developmentally disabled. MHL Article 81 does not have that limitation, and so can be applied to any individual who admits to being incapacitated or is determined by the court to be incapacitated. On the flip side, MHL Article 81 guardianships are often less powerful (although the Court has extreme flexibity in tailoring the guardian's powers), giving guardians only the powers that are absolutely necessary for the ward’s needs. This is the most expensive form of guardianship as well. It is not uncommon for this form of guardianship to require at least three attorney's all whom may be paid by the incapacitated individual. Article 81 provides that the petitioner's (generally family members seeking the guardianship) attorney, Court Evaluator (an independent attorney designed to do an investigation on behalf of the Court), and the attorney for the Alleged Incapacitated Person (AIP) to all be paid fees set by the Court out of the assets of the AIP. This form of Guardianship routinely runs into the thousands of dollars.
An SCPA Article 17 Guardianship is generally viewed as the simplest form of Guardianship in New York State. This form of Guardianship is limited exclsuivly for infants (minors). This type of Guardianship is common to deal with items such as personal injury settlements for a minor or life insurance proceeds inherited by a minor. Many individuals handle this form of guardianship pro se.
SCPA Article 17-A Guardianship
Article 17-A guardianships are mostly thought by parents of mentally retarded or developmentally disabled children who are about to turn 18. Those parents use guardianship as a tool to extend their care and control after the disabled person reaches the age of majority. A SCPA 17-A guardianship is granted by the Surrogate’s Court. It can include a guardianship of the person, property, or both. A 17-A guardian is authorized to make healthcare decisions.
Typically, the assets of a 17-A ward are held by the clerk of the Surrogate’s Court, unless the court fixes a bond. The guardian will be required to deposit all of the ward’s fund into the account held jointly with the court, and will need an endorsement of the surrogate clerk on every check made out of that account. This type of Guardianship could generally be completed for less than $1,000.00 in Western New York.
MHL Article 81 Guardianship
Guardianships for the elderly and victims of trauma are mostly obtained through MHL Article 81 proceedings. Article 81 is sometimes also used for the mentally ill and developmentally disabled. SCPA Article 17-A only authorizes a guardian for an individual who is mentally retarded or developmentally disabled. MHL Article 81 does not have that limitation, and so can be applied to any individual who admits to being incapacitated or is determined by the court to be incapacitated. On the flip side, MHL Article 81 guardianships are often less powerful (although the Court has extreme flexibity in tailoring the guardian's powers), giving guardians only the powers that are absolutely necessary for the ward’s needs. This is the most expensive form of guardianship as well. It is not uncommon for this form of guardianship to require at least three attorney's all whom may be paid by the incapacitated individual. Article 81 provides that the petitioner's (generally family members seeking the guardianship) attorney, Court Evaluator (an independent attorney designed to do an investigation on behalf of the Court), and the attorney for the Alleged Incapacitated Person (AIP) to all be paid fees set by the Court out of the assets of the AIP. This form of Guardianship routinely runs into the thousands of dollars.
Randall S. Lewis, Esq.
Attorney and Counselor at Law
1 Falconer Street, P.O. Box 517
Frewsburg, New York 14738
C: 716-720-8269
randall@rlewislaw.net
Attorney and Counselor at Law
1 Falconer Street, P.O. Box 517
Frewsburg, New York 14738
C: 716-720-8269
randall@rlewislaw.net