Frequently Asked Questions
✔️ What is an Article 81 Guardian?
→ An Article 81 Guardian is appointed by a New York court to help an incapacitated person (IP) manage their personal and/or financial affairs.
✔️ How do I know if I am a Guardian of the Person or Property?
Your court order specifies this.
→ Guardian of the Person – Handles healthcare, housing, and daily needs.
→ Guardian of the Property – Manages finances, assets, and bills.
✔ Some guardians have both roles.
✔ Can I pay myself for being a guardian?
→ No, unless approved by the court.
✔ Can I sell my ward’s house?
→ Only with court approval.
✔ What if my ward refuses medical care?
→ You may need court intervention.
✔️ Can I refuse a medical procedure for my ward?
→ Yes, but only if your court order allows medical decision-making.
→ If a health care proxy exists, that person makes medical decisions.
🔗 Medical & Caregiving Guide
✔ What happens if my ward dies?
→ Notify the court, Social Security, and financial institutions, and file a final report.
✔️ What reports do I need to file?
You must file:
→ 90-Day Initial Report (due 90 days after appointment).
→ Annual Report (due May 31st every year).
→ Final Report (when guardianship ends).
✔️ What happens if I miss a reporting deadline?
→ The court may schedule a compliance hearing, and you could face penalties. Submit reports on time to avoid issues.