Article 17-A vs. Article 81 Guardianship: Understanding the Difference

When a loved one needs help making important legal decisions, many families know to turn to guardianship. In reality, New York offers different types of guardianship, each designed for a different purpose.

The two most common types of adult guardianship are Article 17-A Guardianship and Article 81 Guardianship. While both allow another person to make decisions on behalf of an adult when necessary, they apply in different situations and are based on different legal standards.

Article 17-A Guardianship

Article 17-A Guardianship was created specifically for adults with intellectual or developmental disabilities. It is often considered when a child with special needs turns 18 and parents need the legal authority to continue making decisions regarding medical care, education, services, living arrangements, or finances.

This type of guardianship is heard in Surrogate's Court and is intended for individuals whose disability impact their ability to make informed decisions and act on them in a responsibly way.

Article 81 Guardianship

Article 81 Guardianship is for individuals who are unable to manage personal or financial affairs because of incapacity, regardless of the underlying cause. This type is typically used when an individual develops dementia, a traumatic brain injury, or a severe mental illness.

Unlike Article 17-A, Article 81 is designed to be tailored to the individual's specific needs. Rather than restricting the individual across the board, the court determines exactly which powers a guardian needs and preserves as much of the individual's independence as possible.

Article 81 proceedings are heard in Supreme Court or County Court.

When an an individual has a developmental disability they are most likely going to need 17-A guardianship. Article 81 is usually used when an individual becomes incapacitated later on and did not set up Advance Directives before reaching that point.

Because every situation is unique, it's important to speak with an attorney who understands New York guardianship law and can help you determine the best path forward.