Guardianship
Family members with intellectual or developmental disabilities who, at some point, become unable to make their own personal or financial decisions may require someone to be appointed their legal guardian.
We can determine what type of guardianship is most appropriate, file the guardianship petition, explain the duties of the guardian, and assist the guardian with their responsibilities and filing annual accountings required by the court.
Guardianship for Individuals with Special Needs
Many parents and family members of children with special needs do not realize that once their children reach the age of 18, regardless of the severity of their disability, they are legally presumed a competent adult. That means that, under the law, they are capable of making educational, financial and other decisions independently. If that is not the case, a guardian must be appointed to manage their personal needs and property.
The guardianship process for individuals with special needs generally proceeds under Article 17-A of the New York Surrogate’s Court Procedure Act. The process should initially be discussed at the child’s IEP meeting which generally occurs when they are 15 years old. As their 18th birthday approaches, the process of petitioning the Surrogate’s Court should begin. Certifications will be required from two doctors and a Standby (backup) Guardian should be considered.
Guardianship for Alleged Incapacitated Persons
Another type of guardianship proceeding is used when adult’s mental incapacity limits or prevents them from effectively making personal and financial decisions. With a properly drafted and signed Power of Attorney and Health Care Proxy court intervention may be avoided. Without those documents, Article 81 of New York’s Mental Hygiene Law provides a method to seek appointment of a Guardian.
Call us at Call Us to discuss which guardianship proceeding is most appropriate for your situation or how you and your loved ones can avoid the necessity of court intervention.