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Commonly Asked Questions about Guardian Legal Documents

To obtain an Article 81 guardian, a person (over the age of 18) or entity must first file a case in court and prove that a guardian is necessary. The person or entity that files for the appointment of an Article 81 guardian is called a petitioner.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.
In New York State, there are two separate types of guardianships Mental Hygiene Law Article 17A guardianships and Mental Hygiene Law Article 81 guardianships. While the concept of guardianship may seem straightforward, it is important to understand the differences between the two types.