WHAT IS ADULT GUARDIANSHIP? Adult guardianship allows an individual (or agency) to obtain guardianship over an individual that is not a minor. Guardianship can be obtained over the person (the ability to make decisions for the person), the property (the ability to control the person’s finances) or both. There are 2 types of Adult Guardianship Proceedings: Article 17-A proceedings and Article 81 proceedings.
ARTICLE 17-A PROCEEDINGS: this is a proceeding filed in surrogate’s court allowing guardianship over an intellectually disabled or developmentally disabled individual. This type of proceeding is not used for the elderly, but rather for individuals with mental or physical defects (ex: mental retardation, down syndrome, cerebral palsy, autism, etc.).
ARTICLE 81 PROCEEDINGS: this is a proceeding in the Supreme Court allowing guardianship over an individual who is unable to take care of him or herself due to a variety of reasons, including old age, Alzheimer’s, dementia, etc.
HOW MUCH DOES GUARDIANSHIP COST? The Levin Law Group charges $3,500 for the appointment of a guardian. This fee does not include court filing fees, service of process fees or any other third party fees. This fee also applies only in situations when the guardianship will not be contested by the individual over whom guardianship is sought or his or her family members.
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