The two most common New York guardianships—explained simply
Families call me confused about Article 81 and Article 17-A. I get it—the names sound alike, but they serve different needs. From my Forest Hills office on Queens Boulevard, I help you choose the right path and file in the correct Queens courthouse.
Article 81: Flexible help for adults who recently lost capacity
- Best for an adult affected by dementia, stroke, mental illness, or accident.
- Filed in Queens Supreme Court in Jamaica; powers are tailored to what’s truly needed (paying bills, managing a lease near Kew Gardens, consenting to care at local hospitals).
- The court looks for the least-restrictive solution; I show alternatives we tried (powers of attorney, home care supports) before asking for guardianship.
Article 17-A: Support for adults with lifelong I/DD
- Designed for adults with intellectual and developmental disabilities.
- Heard in Queens Surrogate’s Court (also on Sutphin Blvd), often simpler once we provide medical and educational histories.
- Powers are broader, focused on long-term personal and property decisions.
How I help you choose
- We review medical history and daily-function examples—like managing a co-op on 108th Street or remembering prescriptions.
- I explain timelines, likely hearings, and who must be notified.
- You get a clear roadmap, written in plain language you can share with family.
Why work with my team
- Decades of guardianship, probate, and estate planning experience right here in Queens.
- Transparent steps and steady communication—clients praise our patience and practical tips.
- Convenient to Forest Hills Stadium, Union Turnpike, and the E/F/M/R lines, so meetings fit your schedule.
At the Law Office of Richard Cary Spivack, I match the process to the person, not the other way around. If you’re unsure which article fits, bring your questions—and we’ll decide together, confidently and quickly.