The New York Initial Report (Guardianship) is a court document that must be completed and submitted to the court in order to appoint a legal guardian. This document is also known as the Petition for Appointment of Guardian, and it is filed in the county in which the incapacitated person resides. The report must include information such as the name of the incapacitated person, the name and the address of the proposed guardian, the reasons why the court should appoint the proposed guardian, and any other facts relevant to the guardianship. There are two types of New York Initial Report (Guardianship): the Report of Guardianship of Person and the Report of Guardianship of Property. The Report of Guardianship of Person is used to appoint a guardian to make decisions about the incapacitated person’s personal care. The Report of Guardianship of Property is used to appoint a guardian to make decisions about the incapacitated person’s financial matters and assets.
New York Initial Report (Guardianship)
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FAQ
Article 81 of New York's Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity1. Not all Article 81 guardians (hereinafter ?guardians?) in New York have the same powers.
The Initial Report is the first report you must write 90 days after you received your Commission. This report is meant to be a picture or ?snapshot? of your ward's situation at the beginning of the guardianship.
What is the Difference? Article 17-A is almost purely diagnosis driven, while Article 81 requires a more refined determination linking functional incapacity, appreciation of danger, and danger itself. Unlike Article 81, Article 17-A provides no gradations and no described or circumscribed powers.
SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
There are two kinds of guardians ? Article 81 guardians and Article 17-A guardians. Everyone is presumed to have capacity to make decisions unless a clinician or court determines otherwise. For individuals unable to make decisions for themselves, a court may appoint a guardian.
An Article 17-A guardian is someone who is appointed by a Surrogate Court judge to help protect the interests of an intellectually or developmentally disabled adult and make decisions for them, when they are unable to do so for themselves.
Article 17-A Guardianship Hearing A judge may hold a hearing before they decide whether to appoint a 17-A Guardian. A hearing is a formal proceeding where the following people may appear together in court: the judge. the petitioner.
A judge can appoint an Article 81 guardian to help a person manage their personal needs or property or both. Examples of personal needs include, but are not limited to: making healthcare decisions. deciding where the person should live. applying for government or private benefits, on behalf of the person.