Lisa R. Valente Elder and Special Needs Law Journal, Vol. 29 No. 4 “Constitutional Challenges to Article 17-A Guardianships” Fall 2019 - Makofsky & Associates, P.C.

Lisa R. Valente Elder and Special Needs Law Journal, Vol. 29 No. 4 “Constitutional Challenges to Article 17-A Guardianships” Fall 2019

Constitutional flaws in Article 17-A of the Surrogate’sCourt Procedure Act (“Article 17-A”), such as substantiveand procedural due process deficiencies, including, butnot limited to, lack of reporting by a guardian and lackof monitoring by the court, demand that this New YorkState statute be reformed. Changes in the legal, medicaland social landscape surrounding persons with intellectual and developmental disabilities (PWIDD) since theenactment of Article 17-A in 1969 support the need forreevaluation and reform.

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