Conservatorship New York Without A Lawyer
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FAQ
In New York State, there are two separate types of guardianships ? Mental Hygiene Law Article 17A guardianships and Mental Hygiene Law Article 81 guardianships. While the concept of guardianship may seem straightforward, it is important to understand the differences between the two types.
To start an Article 81 Guardianship case for an alleged incapacitated person, the person filing the case (the petitioner) must complete the following 4 steps: Fill out these court forms: ... File the Petition. ... Pay the filing fee and index number fee. ... Serve the papers.
A legal guardian can make a wide range of personal and medical decisions for the person in their care while a conservatorship generally grants much more limited decision-making powers. A conservator usually only has the authority to pay bills, make investments, and handle other financial matters.
To start the guardianship process someone will file a petition with the court asking the court to appoint a guardian over you. The judge will review evidence as to your condition. If based on your mental capacity the judge determines that a guardianship is necessary the judge will make that appointment.
A guardianship proceeding begins with the filing of a ?petition? in court. A petition is a legal document that explains the facts showing a need for a guardian, and requests the appointment of guardian to make decisions.