C. Raymond Radigan and John G. Farinacci ()
In March 2016, one of the co-authors of this column co-wrote an article for this publication titled “Article 17-A Guardianship Statute: Still Alive and Well.”1 It contained an examination of whether Surrogate’s Court Procedure Act Article 17-A, originally enacted in 1969, is still an appropriate statutory scheme given: (1) the modern understanding of the greatly varied capabilities of persons diagnosed with intellectual and developmental disabilities and (2) that there is a greater appreciation today for the need to protect the rights of those subject to an Article 17-A proceeding. Since that article was written, there have been additional significant court decisions issued concerning Article 17-A and a federal lawsuit was filed challenging the statute on constitutional grounds. As such, the topic is worth revisiting.
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