New York Guardianship Forms: DIY Filing Guide for Article 17-A and Article 81

Two Court Systems, Two Sets of Forms

New York handles guardianship through two separate court systems, each with its own forms, filing procedures, and checklists. Which set you need depends on which type of guardianship you're pursuing:

Article 17-A (Surrogate's Court) — the diagnosis-based, plenary guardianship used primarily by families of adults with intellectual and developmental disabilities. Forms are standardized statewide and available through the Unified Court System's online portal.

Article 81 (Supreme Court) — the functionally based, tailored guardianship for individuals who lack capacity in specific areas. No standardized statewide petition forms exist; the petitioner drafts their own verified petition following the pleading requirements in MHL § 81.08.

Article 17-A: The Complete Forms Checklist

The Surrogate's Court provides a set of standard forms designated with "GMD" prefixes. Here's what you need:

Form GMD-1: Petition for Appointment of Guardian. The core form. You identify the proposed ward, describe their disability, name the proposed guardian, and specify whether you're seeking guardianship of the person, property, or both.

Form GMD-2A: Affidavit of Examining Physician or Psychologist. The first of two required medical certifications. A licensed physician or psychologist examines the proposed ward and certifies that they have a qualifying intellectual or developmental disability that is permanent in nature.

Form GMD-2B: Affirmation of Examining Physician. The mandatory second medical certification. A separate physician provides an independent confirmation. Note: you need two certifiers total — either two physicians, or one physician and one psychologist.

Form OCFS-3909: Request for Information — State Central Register Search. Required for every proposed guardian. The Office of Children and Family Services runs a background check against the state's child abuse and neglect registry.

Additional county-specific forms. While the core forms are statewide, individual Surrogate's Courts often require local supplementary documents. Nassau, New York County (Manhattan), and Richmond (Staten Island) counties are known for additional local forms, specific fingerprinting or background check instructions, and particular scheduling procedures for guardian ad litem reviews. Contact your county's Surrogate's Court clerk before filing.

The DIY Software Option

The New York Unified Court System provides a free Do-It-Yourself Forms Program for Article 17-A petitions. The software walks you through an interview-style questionnaire and generates completed forms based on your answers.

The software handles the mechanical part — filling in names, addresses, court information, and statutory language. What it doesn't do:

• Guide you through obtaining the two medical certifications
• Explain how to serve the citation on all interested parties, including the 10-day in-state service rule
• Help you prepare for the court appearance
• Advise on whether Article 17-A is the right path for your family's situation

The forms are free. The $20 Surrogate's Court filing fee is mandatory unless waived through a Poor Person application under CPLR Article 11.

Article 81: No Standard Forms

Article 81 petitions are filed in Supreme Court (or County Court), and there's no standardized form set. The petitioner — typically through an attorney — drafts a verified petition that must specifically allege:

1. The name, age, and physical location of the Alleged Incapacitated Person (AIP)
2. The specific personal and financial powers requested
3. Functional limitations and how they place the AIP at risk of harm
4. Evidence that the AIP does not appreciate the consequences of those limitations
5. The AIP's assets, liabilities, and income
6. Less restrictive alternatives that were considered and determined insufficient

The court also requires an Order to Show Cause (signed by the judge to set the hearing date and appoint a Court Evaluator), a notice of rights in large print and plain language for personal service on the AIP, and notice to immediate family members.

Filing fees are substantially higher than Article 17-A: $210 for the index number and $95 for the Request for Judicial Intervention (RJI), plus $45 for any motions. With evaluator fees, attorney fees, and potential bond premiums, total costs typically run $4,500 to $12,000 for uncontested matters.

Service of Process Rules

Both proceedings require strict compliance with service rules:

Article 17-A: Service of the citation on the proposed ward and other interested parties under the court's instructions (in-state service is generally by hand delivery ten days before the court date), plus notice by mail to the ward's closest relatives (parents, spouse, adult children, adult siblings) and any facility where they reside.

Article 81: Personal service on the AIP at least 14 days before the hearing, accompanied by a plain-language, large-print notice of rights. Additional notice by mail to immediate family members, the Court Evaluator, appointed counsel, and the director of any facility where the AIP resides.

Getting service wrong is one of the most common reasons petitions are adjourned. If you're filing without an attorney, ask the court clerk for specific service instructions for your county.

Which Path for a DIY Filing?

Article 17-A is far more manageable as a DIY project — the forms are standardized, the DIY software is available, the filing fee is $20, and the medical certifications are the primary evidence. Many families successfully file Article 17-A petitions without an attorney.

Article 81 is significantly harder to navigate pro se. The petition must satisfy detailed statutory pleading requirements, the hearing involves live testimony evaluated at the clear-and-convincing evidence standard, and the court expects sophisticated legal arguments about functional capacity and least restrictive alternatives. If you're considering Article 81, consult with a legal aid organization or special needs attorney before attempting a DIY filing.

Our New York Adult Guardianship & Alternatives Guide includes a court filing preparation checklist that walks through the documentation you need for either path — medical certifications, financial inventory, service of process requirements, and county-specific supplemental forms — alongside a decision pathway comparison chart to help determine whether guardianship is necessary at all.

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