This entails compiling a list of the decedent’s assets, paying bills, creditor’s claims, paying taxes and other debts and distributing assets to heirs…, After a loved one passes away, the personal representative (fiduciary) on behalf of the estate or trust is responsible for managing the estate and distributing the assets.When the decedent has a valid New York will or trust in place…, Under New York Law, a guardian is a person who has the authority to take care of your minor children if you are unable to as a result of a mental incapacity, illness, disability or you pass away. The provisions of Article 17 and Article 81 of the Mental Hygiene Law govern guardianship proceedings in New York State. The Court began its analysis by distinguishing the characteristics of guardianship proceedings brought pursuant to Article 17-A of the Surrogate’s … In addition, incorporating guardianship … This … It is recommended that you seek the assistance of an experienced New York estate and guardianship attorney to help you establish the guardianship. A guardianship is a legal proceeding in which a court appoints an individual or entity to make decisions for a person who, due to mental or physical disability, cannot manage their own personal or financial needs. These needs may include: If your elderly mother has been diagnosed with dementia, then you may want to establish a guardianship to take care of her personal and property needs to ensure her health, safety and comfort. Article 17 Guardianship When a minor's property is valued at more than $10,000, a court must oversee management of the assets. If the Ward does not have living parents, brother or sisters, is not married and has no children: 5. Surrogate’s Court Procedure Act 17-A (SCPA Article 17-A): The other type of major guardianship in New York is the Article 17-A of the Surrogate Court Procedure Act (“SCPA Article 17-A”), which is only used for the establishment of a guardianship for a person who is mentally retarded or developmentally disabled. First you have to determine what type of guardianship you need. If a child’s parents are deceased, or unable to care for their child, a guardian can be appointed by the court under Article 17. An Introduction to Article 17A Guardianships December 16, 2016 In New York State, parents of a person with an intellectual or developmental disability are deemed the Parent and Natural Guardian of that person until they turn 18. Petition for appointment; contents A petition for the appointment of a guardian of an infant must show: 1, Section 1707. Application for ancillary letters to foreign guardians 1, Section 1719. Decree appointing guardian; term of office 1, Section 1708. Annual examination of guardian's accounts In the month of February of each year and thereafter until completed or at such other time as the court deems proper, the court must for the purposes specified in the succeeding section, examine or cause to be examined under its direction all accounts filed within the preceding year, Section 1722. For each proposed guardian, standby guar… The guardianship process can appear complicated, but the process is streamlined and can be done without the assistance of an attorney. An Article 17-A Guardianship is very broad and covers most decisions that are usually made by a parent for a child such as financial and healthcare decisions. 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