LEGAL GUIDE
Written by attorney Kera Murphy Reed | Feb 27, 2019

Guardianship Options

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.

Additional resources provided by the author

Rate this guide


Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer