About Us
GUARDIANSHIP ACCESS NEW YORK
(GANY) is a coalition of non-prot
guardianship providers and elder and
disability justice advocates across
New York State. Our mission is to
improve the guardianship system
by enhancing equitable access to
services statewide. Every individual
who needs a guardian should receive
a high quality one for as long as
necessary, regardless of ability to
pay. GANY elevates the voices of our
clients and communities, highlights
the gaps in the guardianship system,
and advocates for the investment of
resources in this sector.
BARRIERS TO ACCESS
NYS Mental Hygiene Law provides that where appropriate, the Court shall appoint a guardian to protect
and promote the interests of persons with limitations that aect their ability to make decisions for
themselves. However, our state does not have a statewide public guardian entity, nor does it invest
in guardianship services at a level that can meet current or future demand.
Currently, a patchwork of non-prot providers and pro-bono attorneys provide services when a family
member or private-pay guardian is not an option. This network is already stretched to capacity,
leaving thousands without these needed supports.
Additionally, there is a growing population of
older and disabled New Yorkers who have no
family or friends available to address their
caregiving needs.
Moreover, the courts have reported that the
availability of guardians is limited for people who
lack assets and do not have family or friends to
serve as their guardians.
What Is Guardianship?
Article 81 Guardianship is a legal tool created by the NYS Mental Hygiene
Law where the court grants a person or entity the power to make decisions
for someone else. A court appoints a guardian only after determining that
the person is incapacitated and at risk of harm (or the person consents)
and there are no less restrictive alternatives available.
A petition must be led to start a guardianship proceeding. The Court
sets a hearing date on which the judge decides based on evidence and
testimony whether the individual meets the standard for guardianship. If
met, the judge appoints a guardian with decision-making powers meant to
be tailored to the needs of the individual, who retains any decision-making
powers not specically granted to the guardian. New Yorkers with serious
mental illness, substance misuse disorders, Alzheimer’s Disease and other
dementias, cognitive disorders, Traumatic Brain Injury, and developmental
and other disabilities rely on the guardianship system to protect their
health and wellbeing when necessary.
The NYS Oce for the Aging’s projection of number of
people age 60 and over with functional impairments
20%
increase
in 2022
by 2025
Cases where lack of assets limited the choice of individual or entity
to serve as guardian where there was no family/friend available
Statewide
54%
NYC Counties
63%
JOIN US!
For more information or to get involved, contact Azaleea Carlea at
[email protected] or 929-568-7423.
THE SOLUTION
Invest $15 million in sustained funding that
would comprehensively support guardianship
services statewide.
Such investment would result in signicant Medicaid costs savings
statewide as guardians would work to prevent unnecessary
institutionalization. Investing in guardianship services would also
stimulate the economy in that eective guardians would work to secure
the comprehensive benets individuals would be entitled to that would
drive their local economies, and potentially result in savings to the state
through the realization of untapped federal disability, SSI and other
benets. Agencies could fully sta their programs, improving outcomes
for our most vulnerable communities through homelessness/eviction
prevention, mental health care and other needed supports. Courts
would no longer have to struggle to meet their statutorily mandated
duty to appoint guardians when the legal threshold has been met.
Organizations would increase community outreach and education
eorts to support lay guardians. A fully funded guardianship system is
desperately needed to uplift our older and most marginalized residents.
$15M
Coalition Partners
Hon. Arthur M. Diamond,
JSC (ret)
