![]() If you think you need to obtain an Article 17A Guardianship or if you would like a consultation, click here to contact Community Legal Advocates.A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. If someone is not developmentally or intellectually disabled, but still wants or needs assistance with financial and medical decisions, a power of attorney and health care proxy may be appropriate. Medical providers do not usually appear at the court hearing, so it's important that the forms are filled out fully and correctly.Īre there Alternatives for Someone who is not Intellectually or Developmentally Disabled? A medical doctor as well as a psychologist or psychiatrist who knows the incapacitated person needs to complete a form that provides important information to the court. Medical and psychological evidence is very important in an Article 17A proceeding so the court can be sure the person truly needs a guardian. Guardians can also be appointed with limited authority over some but not all decisions. If approved by the court, an Article 17A Guardian can make all decisions for their child, including all healthcare, financial and personal decisions. When the evidence is clear that the child needs a guardian and all family members agree on what's best for them, an Article 17A proceeding can often be completed with only one court hearing. The court will usually want to meet the incapacitated child and, unless there is a compelling reason why they can’t attend, the child will be expected to be present at the hearing. The court filing fee is low (currently $20) and there is not a lot of ongoing involvement of the court after a 17A Guardianship is granted. How is an Article 17A Guardianship Started?Īrticle 17A proceedings are filed in Surrogate's Court and there is a standard set of forms used to start the proceeding. ![]() Some incapacitated people don't have parents who are willing or able to act a guardian and Article 17A proceedings are not limited to parents. Parents are not the only people who can become Article 17A Guardians. Parents can apply together to become co-guardians, sharing responsibility. We have assisted parents whose children were middle aged before they applied to become a 17A Guardian. While it is preferable to obtain an Article 17A Guardianship as close as possible to someone turning 18, it does not matter how much older they are. My Child is 30 Years Old - Is it Too Late to Become Guardian? Parents must seek court approval to act as the legal guardian of their adult disabled child. ![]() That means they are presumed to be able to make their own decisions about finances, medical care and living arrangements, no matter how severely disabled they are. In New York, all people are presumed to be legally competent adults once they reach age 18. When a child is intellectually or developmentally disabled, and incapable of making decisions for herself, parents often assume that their right to make decisions continues after the child turns 18. I've Been Caring for my Child her Whole Life - Why do I Need to Become Guardian? Medical professionals and the court determine which category someone falls into. ![]() Article 17A used to refer to people as mentally retarded, but since 2016 the statute has used the terms intellectually disabled and developmentally disabled. This post discusses only Article 17A Guardianships.Īrticle 17A Guardianships are governed by Article 17A of NY's Surrogate's Court Procedure Act. Another is for people who once were competent adults but are no longer competent, such as a person who developed dementia later in life – called an Article 81 Guardianship. One is for people who have been intellectually or developmentally disabled from birth or since before they turned 18, such as someone born with Down syndrome or severe autism. In New York, there are two different guardianship procedures, usually referred to by the statutes that govern them. My Child has Been Disabled Since Birth - What Kind of Guardianship Do I Need? Below are some common questions and answers about the guardianship process. If your child has been intellectually or developmentally disabled since before becoming adult, either because they were born disabled or, for example, suffered a brain injury while young, you may need to be appointed Guardian once your child turns 18 or 22, depending on the nature of their disability. When children are young, parents are able to make important decisions for them, including most healthcare and financial decisions.
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