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Guardianship in New York City
Guardianship gives someone the legal authority to make decisions for a person who cannot manage their own personal, medical, or financial affairs. At Crane Law, we guide families through the guardianship process with clarity, compassion, and a deep understanding of New York law.
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What Is Guardianship?
Guardianship is a court-supervised arrangement that protects individuals who can no longer make safe decisions about their care or finances. A guardian may be appointed when someone:
Is an adult experiencing cognitive decline
Has a developmental or intellectual disability
Struggles with mental illness that affects decision-making
Is vulnerable to financial exploitation
Is a minor without a parent able to provide care
Is an elderly adult who is no longer able to manage daily needs
Guardianship ensures that important decisions are made responsibly and in the person’s best interest.
What Does a New York Guardianship Attorney Do?
A guardianship attorney helps you understand your options, evaluate alternatives, and guide your family through the legal steps required to protect a loved one.
Crane Law supports you by:
Preparing and filing the guardianship petition
Gathering medical records and necessary documentation
Guiding you through Article 81 or 17-A guardianship requirements
Assisting with emergency or temporary guardianship filings
Representing you in court hearings
Advising on guardianship duties, reporting, and long-term responsibilities
Guardianship is a sensitive process. You don’t have to navigate it alone.
Types of Guardianship in New York
Adult Guardianship (Article 81)
For adults who cannot manage personal needs, finances, or both due to illness, injury, or cognitive decline.
Guardianship for Individuals With Disabilities (17-A)
Supports adults with developmental or intellectual disabilities who need long-term decision-making assistance.
Guardianship of a Minor
Appoints a responsible adult to care for a child when parents are unable, unavailable, or deceased.
Elderly Guardianship
Provides protection for aging adults facing dementia, medical challenges, or vulnerability to financial abuse.
Medical vs. Financial Guardianship
Guardianship may cover personal care decisions, financial management, or both—depending on what the individual needs.
The Guardianship Process in New York
Every guardianship case is unique, but most follow a similar path through Surrogate’s Court or Supreme Court:
The process begins when a family member or concerned party files a petition explaining why guardianship is needed.
Medical professionals, court evaluators, or guardians ad litem may assess the individual’s needs and capabilities.
A judge reviews evidence, hears testimony from family members, and determines if a guardian is necessary.
If approved, the court issues an order outlining the guardian’s authority and responsibilities.
Guardians must manage care, finances, and well-being according to the court order and may need to file periodic reports.
Our Guardianship Services
Crane Law provides complete support for a wide range of guardianship needs, including:
Adult Guardianship Representation
Guidance for families seeking guardianship over adults who can’t safely manage personal or financial decisions.
Minor Guardianship Petitions
Support for parents, relatives, or caregivers seeking legal authority to care for a child.
Emergency & Temporary Guardianship
Fast action in urgent situations when immediate protection is required.
Contested Guardianship
Representation in cases involving disagreement among family members or complex circumstances.
Why Work With Crane Law
Families choose Crane Law because we offer:
Clear, patient explanations every step of the way
Compassionate support during emotional decisions
Deep experience with Article 81 and 17-A guardianships
Guidance for families navigating complex medical or financial situations
A steady, trustworthy partner throughout the court process
You don’t have to navigate guardianship alone. We make a difficult process feel manageable and grounded.
What Families Say
FAQs About Guardianship in NYC
What is guardianship?
A legal process where the court appoints someone to make decisions for a person who cannot manage personal, medical, or financial affairs.
How do I get guardianship?
A petition is filed with the court, followed by evaluations, a court hearing, and a judge’s decision. We guide you through each step.
What’s the difference between guardianship and conservatorship?
New York uses the term guardianship; other states use conservatorship. They serve similar purposes.
When is guardianship necessary?
When a person cannot make safe decisions and no valid POA or alternative plan is in place.
Can guardianship be temporary?
Yes. Emergency and temporary guardianships are available when immediate protection is required.
Does guardianship override a power of attorney?
A valid POA may prevent the need for guardianship. In some cases, the court may revise or replace a POA if it's no longer effective.
