As adults age, they may encounter difficulties managing their personal, financial, or medical affairs due to physical or cognitive impairments. In cases where an aging adult can no longer make decisions independently and has not designated a power of attorney or health care proxy, guardianship may become necessary. If you’re a senior, caregiver, or family member in New York City, understanding guardianship is essential to ensure the well-being and protection of your loved ones.
What is a Guardianship?
Guardianship is a legal process in which a court appoints an individual or organization to make decisions on behalf of a person who is unable to manage their affairs due to incapacity. In New York, guardianship is governed by Article 81 of the Mental Hygiene Law, which allows for a flexible, tailored approach to guardianship based on the person’s needs.
A guardian can be responsible for:
Personal needs (healthcare, housing, daily living)
Property management (finances, paying bills, handling assets)
Both personal and financial matters, depending on the court’s decision
A senior may need a guardian if they are unable to:
Make safe or informed decisions about their health and well-being
Manage finances, pay bills, or protect themselves from financial exploitation
Understand and respond to legal, financial, or medical matters
Maintain daily activities without assistance
If a senior has dementia, Alzheimer’s disease, severe mental illness, or other incapacitating conditions, a guardianship petition may be necessary to protect them.
The Guardianship Process
If you believe a senior loved one needs a guardian, here’s how the process works:
Filing a Petition
A concerned family member, friend, healthcare professional, or organization (such as Adult Protective Services) can file a petition with the New York State Supreme Court in the county where the senior resides.
The petition must demonstrate that the individual is incapacitated and needs a guardian.
Court Evaluation
A judge will appoint a court evaluator to investigate the situation and interview the alleged incapacitated person (AIP).
The evaluator will report their findings to the judge, assessing the senior’s ability to manage their affairs.
Court Hearing
The judge will review medical reports, financial records, and testimony from family, caregivers, or medical professionals.
If the judge determines that the senior is incapacitated, they will appoint a guardian and define the scope of their authority.
Guardian Responsibilities
The appointed guardian must act in the best interests of the senior and follow court-mandated duties, including:
Managing finances responsibly
Ensuring proper medical care and living conditions
Submitting reports to the court detailing the senior’s well-being and financial status
Alternatives to Guardianship
Guardianship is a serious legal step and may not be necessary if other options are in place, such as:
Power of Attorney (POA) – Allows a designated person to handle financial and legal matters before incapacity occurs.
Health Care Proxy – Authorizes someone to make medical decisions on behalf of a senior.
Living Trusts – Seniors can establish trusts to manage their assets while ensuring their wishes are followed.
Supported Decision-Making – In some cases, a senior may benefit from family assistance without full guardianship.
If you need guidance on guardianship for a senior in NYC, consider the following resources:
NYC Department for the Aging (DFTA)Provides legal assistance, elder protection services, and guidance on guardianship.
Phone: 311 or (212) 602-4180
Website: www.nyc.gov/aging
Project Guardianship
Provides person-centered care for those who need help making decisions.
Phone: (347) 840–0600
Website: https://projectguardianship.org/
Adult Protective Services (APS)Assists vulnerable seniors who are unable to manage their affairs and may need a guardian.
Phone: (718) 557-1399
Website: www.nyc.gov/aps
Guardianship can provide essential protection for seniors who are unable to make decisions independently. However, it’s important to consider all options before pursuing this legal step. If you or a loved one needs assistance, NYC offers various legal and advocacy services to help seniors navigate guardianship and ensure their best interests are upheld.