Compassionate Guidance in Establishing Guardianships with Our Trusted Team of Lawyers

Establishing guardianship is a legal process that provides crucial protection for individuals who are unable to make decisions or care for themselves due to incapacity. At the Law Offices of Christina Sammartino, our lawyer and attorney team has a deep understanding of guardianship matters, particularly about Article 81 and Article 17 guardianships. We are committed to providing compassionate guidance to families as they navigate this crucial legal process.

Understanding Guardianship

A guardianship is a legal relationship established by the court that grants authority to a guardian to make decisions on behalf of an incapacitated person, known as the ward. Guardianships are typically sought when an individual lacks the mental or physical capacity to make decisions regarding their personal care, finances, or medical treatment. This legal arrangement ensures that the ward’s best interests are protected and that their needs are met.

Types of Guardianships

There are different types of guardianships available, depending on the specific needs and circumstances of the individual:

• Guardianship of the Person:
• This type of guardianship grants the guardian the authority to make decisions regarding the ward’s care, such as medical treatment, living arrangements, and educational needs.
• Guardianship of the Property:
• In the guardianship of the property, the guardian is responsible for managing the ward’s financial affairs, including paying bills, managing assets, and making financial decisions on their behalf.
• Limited Guardianship:
• A limited guardianship grants the guardian specific powers and responsibilities for only certain aspects of the ward’s life based on the individual’s needs and capabilities.
• Article 81 Guardianship
• Article 81 Guardianship, enacted in 1993, is designed for adults who have lost or experienced diminished capacity. It presumes that all adults have full capacity and demands specific evidence of incapacity before appointing a guardian. The guardianships under Article 81 are tailored closely to the individual’s needs, granting the guardian only the necessary powers while aiming to preserve the person’s autonomy as much as possible.
• Article 17-A Guardianship
• Article 17-A Guardianship is primarily diagnosis-driven, providing guardianship for individuals with intellectual or developmental disabilities. In contrast to Article 81, Article 17-A lacks gradations and specific powers for the guardian. Instead, it is considered a plenary guardianship, giving the guardian full authority to make all decisions on behalf of the incapacitated individual.

Establishing a Guardianship

Our compassionate lawyers will guide you through the process of establishing a guardianship, providing the necessary legal support and guidance at every step:

• Petition for Guardianship
• Court Proceedings
• Appointment of Guardian