If a person is appointed through the court system, then the person is the legal guardian and is empowered to make medical, financial and personal decisions, similar to the decisions a parent makes for a child.

It is generally recommended that the designation of guardian and standby guardian be made while the parent is still living and before a child with a developmental disability reaches the age of 18.

Guardianship can make the difference between someone continuing to live in the community or having to move into a facility. There are two types of guardianships in New York State: Article 17-A of the Surrogate’s Court Procedure Act and Article 81 of the NYS Mental Hygiene Law. They represent two very different approaches to guardianship. Under Article 81, if there are no relatives, friends, or neighbors available to serve as guardians, the statute contains a provision that permits a not-for-profit entity having corporate authority in its charter to act as guardian of the person only. People Inc. is authorized to be named  a legal guardian.

There are less restrictive alternatives to guardianship, including advanced health care directives, such as Health Care Proxy, Living Will and Supported Decision-Making.