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Guardianship is a serious matter. When you ask the court for rule over another person, you are mostly taking on the challenge of overseeing their life. You are responsible for making financial, healthcare, and property management decisions for this individual. In the state of New York, you can only obtain guardianship if a person is incapacitated.

According to Article 81 of the New York Mental Hygiene Law, guardianship is used to help appoint a person to manage the affairs of an incapacitated individual. Either there must be reasonable proof that such an arrangement is necessary, or the person must agree to the court’s decision. When someone is intellectually or developmentally disabled, the guardian will act as a parent. If an individual is developmentally delayed, then Article 17A on Guardianship is used. This code is specifically for guardianship over the disabled. The disability must begin in childhood and be a neurological impairment or something physical such as autism or cerebral palsy.

When the court deems a person cannot manage their essential health and safety requirements, then they are considered an incapacitated person or IP. In most cases, this individual cannot make responsible decisions about their life. Additionally, they are unable to communicate appropriately about their needs or wishes. A guardian is an advocate on their behalf. They keep the best interest of the person first.