Guardianship/ Special Needs Planning

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:

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:

17-A Guardianship Information

Resources:

https://www.brandowlaw.com/

www.craigmarcott.com/

Free Guardianship Online Workshop:

www.brandowlaw.com/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