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As mentioned above, guardians in New York have the same rights as a custodial parent to a child.
Article 81 Guardianship forms are forms that must be filed with the court to initiate a guardianship proceeding under New York Mental Hygiene Law Article 81. These forms are used to petition the court for the appointment of a guardian for an incapacitated person and to provide notice to all interested parties.
SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
What is an Article 81 Guardianship? An Article 81 Guardianship is a legal proceeding under NYS Mental Hygiene Law in the Supreme Court for individuals who lack mental capacity to execute advance directives or whose advance directives are not comprehensive.
Types of guardianship relationships usually approved by the court: Full guardianship. This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. Limited guardianship. Co-guardianships. Short term guardianship. Guardianship ad litem.
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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.
Custody refers to a childs biological parents, whereas guardianship would be given to a non-biological parent.
The Initial Report is the first report you must write 90 days after you received your Commission. This report is meant to be a picture or snapshot of your wards situation at the beginning of the guardianship. (View a sample an Initial Report.)

new york state guardianship forms