Guardianship
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 decision for that individual.
Guardianship is a legal arrangement where a court gives a person the legal right to make decisions for another person who is unable to make decisions for themselves such as a child, an incapacitated adult or someone who is developmentally disabled. 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.
In New York State, a guardianship case is handled by the the Family Court, Supreme Court or Surrogate's Court depending on the type of guardianship asked for and the person over whom guardianship is requested.
Source: https://www.nycourts.gov/courthelp/Guardianship/basics.shtml
Information
http://www.nycourts.gov/courthelp/guardianship/index.shtml
Forms
http://ww2.nycourts.gov/forms/surrogates/guardianship.shtml
https://specialneedslifeservices.com/
ONLINE GUARDIANSHIP PRESENTATION
Potential Contacts for Guardianship Services (Some may also help with setting up Trusts)
Lighthouse Financial Network - 575 Broadhollow Rad, Melville, NY - 631-465-9090 X5064
Regina Brandow - 1352 Stony Brook Road, Stonybrook, NY - 631-675-2540 - regina@brandowlaw.com
Matthew Niegocki - Prudential Advisor/Trusts - 445 Broadhollow Rd, Ste. 405, Melville, NY - 631-927-3325
Russo Law Group - 3740 Express Drive South - Islandia, NY - 631-582-1919
Law Office of Andrew Cohen - 110 Franklin Ave., Suite 305, Garden City, NY - 516-877-0595
Nassau Suffolk Law Services - 1757 Veterans Highway, Suite 50, Islandia, NY - 631-232-2400
NY ABLE FINANCIAL SERVICES
The Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act of 2014 allows those with disabilities to save for qualified disability expenses without the risk of losing their benefits from assistance programs like SSI and Medicaid.
NY ABLE is an ABLE program designed specifically for New York residents. NY ABLE accounts give earnings the ability to grow tax-deferred, and allow savings to be withdrawn tax-free for qualified expenses. Qualified expenses are any expenses related to an eligible individual's disability.
Anyone can contribute to a NY ABLE account, and there are many ways to contribute. An account can be opened for as little as $25 – or just $15 when investing through a payroll deduction plan.
NY ABLE contributions must be made directly to the Program and not through an ATM or a bank branch. The maximum allowable contribution to a NY ABLE Account is $15,000 per year. ABLE account owners who earn income may contribute more to their accounts than the program's annual $15,000 limit. The additional annual contribution is equal to the federal poverty line for a one-person household ($12,760 for the 2020 tax year) or the account owner's income, whichever is less. Working account owners are not eligible to contribute the additional funds if they are already contributing to a retirement plan such as:
a defined contribution plan
an annuity contract
an eligible deferred compensation plan
Please check with a tax advisor regarding your ability to contribute additional earned income, if you participate in any of the above retirement plans.
If you have earned income and are eligible, fill out the Earned Income Self Certification form.
Call us at 1.855.5NY.ABLE (1.855.569.2253) Monday – Friday from 8 a.m. – 8 p.m. ET
New York State Relay System: 711 or 800-662-1220