The guardian law in ny is different from other states. It was passed in 1965 to protect the elderly, but it has been extended over time to include minors who are deemed incapable of managing their own affairs due to developmental disability or mental illness. Although there are some forms of guardianship that require a court order, most laws allow for an informal arrangement between family members. State statutes also specify how alternate decision makers must be selected and what procedures they must follow if they disagree with each other about major decisions regarding the incapacitated adult’s welfare.
A person appointed as guardian can be either a blood relative or anyone else permitted by state statute to act on behalf of the incapacitated individual in matters related to health care, finances, housing placement and treatment options. A person seeking appointment as guardian should have familiarity with medical conditions that may affect his clients’ ability to make rational choices for themselves at home or when visiting doctors’ offices or hospitals without assistance from others acting on their behalf..