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In New York State, when a person becomes 18 years old they are assumed to be legally competent to make decision for themselves. This means no other person is allowed to make a personal, medical or financial decisions for that individual. If a person is "intellectually disabled or developmentally disabled," has difficulty making decisions for themselves and over 18 years old, you can ask the Surrogate's Court to appoint a guardian for him or her.
About Article 17-A Guardianship:
About Article 17-A Guardianship:
An Article 17-A Guardianship is available only for individuals who are "intellectually disabled or developmentally disabled." (These are the legal terms used in Article 17-A of the Surrogate's Court Procedures Act).
A certification from one physician and one psychologist or two physicians must be filed with the petition certifying that the person has a disability and is not able to manage his or her affairs because of intellectual disability, developmental disability or a traumatic head injury. The Surrogate's Court can appoint a guardian of the person, the property or both.
An Article 17-A Guardianship is very broad and covers most decisions that are usually made by a parent for a child such as financial and healthcare decisions.
Click the link below for additional information:
Resources:
Free Guardianship Online Workshop:
Forms:
ww2.nycourts.gov/forms/surrogates/guardianship.shtml
drive.google.com/file/d/1DJ0pxc0088zb-mxFRBtYYro-7zhLA6Rl/view?usp=sharing
drive.google.com/file/d/1mLBDzss_BjmuvY09RFKOuzxbyAv3hmGe/view?usp=sharing
drive.google.com/file/d/1xmEqKlpB3_xHi7JOsQE99BLgy3A99niM/view?usp=sharing
Additional Resources for Legal Assistance:
In order to download and print the below document, click on the box with the arrow located on the top right corner of the document.
17-A guardianship legal assistance.docx.pdfAndrew Cohen, Esq - Brochure.pdfMitch Weisbrot Brochure 4_16_19 PROOF.pdfPage updated
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