Detailed answer

Under New York law, an appointment as guardian of the person does not automatically make you guardian of the estate (property). Courts decide separately whether a proposed guardian needs authority over the person’s personal decisions (guardian of the person) and/or the person’s financial affairs (guardian of the property or estate). The adult guardianship process for incapacitated adults is governed by Article 81 of the New York Mental Hygiene Law (often called an “Article 81 guardianship”). For official state guidance about Article 81, see the New York State Mental Hygiene Law and the New York Courts’ guardianship pages:

• New York Mental Hygiene Law (Article 81 is the guardianship statute)
• New York State Courts — Guardianship (Article 81) information

What the court decides at the hearing:

• The court evaluates whether the person is incapacitated and what decision-making tasks they can or cannot perform.
• The court may appoint a guardian of the person (responsible for health, living arrangements, personal care) and/or a guardian of the property (responsible for managing money, paying bills, handling benefits and assets).
• The court bases the scope of each appointment on the person’s needs. The court can grant a full (plenary) guardianship, a limited guardianship that covers only specified decisions, or no guardianship if less-restrictive options will work.

Practical result: if you are named only as guardian of the person, you will have authority over personal and healthcare decisions as specified in the court order, but you will not have the legal authority to manage bank accounts, investments, Social Security benefits, property transactions, or other financial matters unless the court separately appoints you guardian of the property.

How to get authority over the estate (guardian of the property)

If you need the power to manage money or property, you must ask the court for a separate appointment as guardian of the property. The typical steps include:

1. Filing a petition with the appropriate court (often the county court or a Supreme Court proceeding, depending on local practice and whether the person is an adult).
2. Providing notice to the proposed incapacitated person and interested relatives and arranging for an independent evaluator (court evaluator or physician) to assess capacity.
3. Attending a hearing where the court will consider evidence and decide whether a property guardian is needed and, if so, whether to appoint you.
4. If appointed, complying with court supervision: the guardian of the estate typically must file inventories, obtain court approval for certain transactions, post a bond if required, and file periodic accountings with the court.

For practical guidance on fiduciary duties and required filings, see the New York State Courts guardianship pages and consult the Mental Hygiene Law text linked above.

Limited or temporary authority

The court can grant limited powers that match the person’s needs. For example, you might receive authority only to pay bills from a specific account, manage a single property, or handle government benefits. In urgent situations, courts can also grant temporary or emergency authority until a full hearing occurs.

Alternatives to guardianship

Because guardianship is a significant restriction on rights, New York courts prefer less restrictive alternatives when possible. Common alternatives include:

• Powers of attorney (if executed by the person while competent).
• Joint accounts or cosigners where appropriate.
• Representative payee arrangements (for Social Security or VA benefits) — see the Social Security Administration (ssa.gov) for details.
• Trusts or other estate planning tools created before incapacity.

Guardianship for minors or different regimes

If you are dealing with a minor (not an adult), guardianship of the person and guardianship of property are handled under different rules (often in surrogate’s or family court); the principle is similar: authority over a child’s personal care does not automatically include control over the child’s finances. If the matter concerns a minor, confirm the right court and procedure for New York.

What to do next — quick checklist

1. Confirm whether the court order names you only as guardian of the person or also as guardian of the property.
2. If you need control of financial matters, consult the court paperwork and speak with the court clerk or a lawyer about filing a petition for guardianship of the property.
3. Consider less-restrictive options first (POA, representative payee, trusts) if feasible.
4. If appointed guardian of the property, learn your reporting, bonding, and accounting obligations to the court.

Helpful hints

• Read the court order carefully. The order sets exactly what you can and cannot do.
• Ask the court clerk for guardianship forms and local rules. Procedures and required forms vary by county.
• Keep detailed records of all financial transactions and decisions if you become guardian of the estate; the court will require accountings.
• If urgent financial or medical decisions are needed, tell the court; judges can sometimes issue temporary relief before a full hearing.
• Talk with a lawyer experienced in New York Article 81 guardianship if the estate is large, complex, or contested. A lawyer can explain bond requirements, accountings, and potential conflicts of interest.
• Consider whether a limited guardianship, rather than full control, will meet the person’s needs while preserving their autonomy.
• For Social Security/benefit matters, check representative payee rules at the Social Security Administration (https://www.ssa.gov) as an alternative for benefit management.

Disclaimer: This article explains general principles of New York guardianship law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a qualified New York attorney.