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Guardianship Article 17-A vs. Article 81

In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate's Court to appoint a guardian to assume the decision-making functions for that person. If a young adult has issues with mental illness or other functional limitations, a parent or concerned relative can ask the Supreme Court to appoint a guardian for that person under Article 81 (“Article 81”) of the Mental Hygiene Law. There are differences in

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