Hearings for Article 17-A Guardianship Cases
A judge may hold a hearing before they decide whether to appoint a 17-A guardian. A hearing is a formal proceeding where the following people may appear together in court:
- the judge
- the petitioner
- any interested parties, family members, or witnesses
- the attorney for the petitioner (if necessary)
- the attorney for the respondent (the intellectually or developmentally disabled person)
- the respondent (if the Surrogate requires them)
Note: Surrogate's Court guardianship hearings are closed to the public.
What Happens at an Article 17-A Hearing
If the judge chooses to hold a hearing, they will ask questions, listen to testimony and/or legal arguments, and review evidence to help them make a decision. The petitioner will be expected to present evidence showing why they think the respondent needs a guardian. For example, the petitioner may choose to present medical evidence or offer testimony about the respondent and their abilities.
Other parties to the case may also be given the opportunity to present their evidence and share their views about whether the respondent needs a guardian. If attorneys are present, they will also have a chance to ask questions. The judge may decide to ask the respondent questions and require family members, witnesses, and any other person to also testify.
If There Is Not a Hearing
If the judge decides not to hold a hearing, the petitioner will still be required to submit evidence proving why they believe the respondent needs a guardian. Also, the judge will still review all evidence presented by other parties and attorneys concerning the need for a guardian. Whether or not a hearing is held, the judge will consider all the evidence presented about the respondent's needs in order to make a decision in their best interest.
What Happens After an Article 17-A Hearing
Once the judge decides whether to appoint a 17-A guardian, they will commonly send the petitioner a written decision by mail or email. If the judge decides that a guardian is needed, they will also send the petitioner a court order called Letters of Guardianship and a written decree. The Letters of Guardianship is the legal form used to officially appoint someone to be a guardian. It specifies what the guardian can do.