New York law provides for, in general, two forms of Guardianship:

    1.  Guardianship under Article 81 of the Mental Hygiene Law; and

    2.  Guardianship under Article 17A of the Surrogates Court Procedure Act.

Either of these types may be contested or uncontested.  Our office has experience in litigating both types and has defended several Article 81 matters at the Appellate Court level.

Article 81 Guardians are appointed for people, (seniors usually) who have not executed Advance Planning Directives.

Guardians appointed under the Surrogate's Court Procedure Act are usually appointed for people who are developmentally disabled from birth or due to trauma.  parents or other persons who are concerned for such people, may want to consider executing a Supplemental Needs Trust