When considering guardianship in New York, you must know the key differences between Article 17A and Article 81 guardianships. Both help protect people who can’t make choices for themselves, but they work in different ways and follow other steps.
Article 17A guardianship
Article 17A guardianship helps people with intellectual or developmental disabilities. Doctors must find specific conditions such as:
- Autism
- Cerebral palsy
- Epilepsy
- Severe head injuries
The guardian has full power to make personal and financial choices for the person. Parents or close family members often ask for this type of guardianship, which gives complete control without limits.
Article 81 guardianship
Article 81 guardianship helps adults who have lost their ability to make choices due to mental illness or aging. Article 81 needs a careful look at what the person can and can’t do and what risks they face. This type wants to keep as much of the person’s freedom as possible. The guardian only gets the power they need to help with proven problems.
Key differences
Knowing these main differences helps you make a better choice:
- Basis for guardianship: Article 17A requires a doctor to find an intellectual or developmental disability, while Article 81 requires proof of specific problems.
- Control level: Article 17A gives complete control, but Article 81 provides only the needed power to help.
- Reports needed: Article 81 guardians must write reports after 90 days and yearly after that, but Article 17A guardians don’t need to do this.
Looking at these differences can help you choose which best fits your loved one’s needs.
Picking the proper guardianship
Look at the person’s condition and needs to pick the right type. If someone has a lifelong intellectual or developmental disability, Article 17A might work best. For adults who lose abilities for other reasons, Article 81 might be better.
Understanding these differences helps you manage the guardianship process better and get the best care for your loved one.