The Law Offices of Roman Aminov has been providing NYC residents with award-winning guardianship and disability planning services tailored to our clients' needs.
Celebrated for extensive experience helping New York families secure legal protection for loved ones with intellectual and developmental disabilities, with hundreds of heartfelt client testimonials, Roman Aminov delivers thoughtful, individualized solutions to our clients' needs and wishes.
By Roman Aminov,
Legal Guardianship After Your Child Turns 18
When a child with an intellectual or developmental disability reaches their 18th birthday, something shifts that many parents don't see coming. Legally, that child becomes an adult. Overnight, the authority you've held as a parent to make medical, financial, and personal decisions simply ends. It doesn't matter that your son or daughter still depends on you for daily support. The law treats them as a fully autonomous adult unless a court says otherwise.
That's where Article 17-A of the Surrogate's Court Procedure Act becomes essential. This provision allows families to petition the Surrogate's Court for guardianship over a person with an intellectual disability, developmental disability, or other conditions such as autism spectrum disorder that substantially limit the person's ability to manage their own affairs. We guide families through every stage of the 17-A process, from the initial petition through the final court decree.
What a 17-A Guardianship Actually Provides
A 17-A guardianship grants a court-appointed guardian broad authority over the personal and property-related decisions of an individual who cannot fully manage those decisions independently. Unlike some other guardianship frameworks, 17-A was designed specifically for people whose disabilities began before adulthood, and the court's approach reflects that purpose.
We help families obtain either guardianship of the person (covering healthcare, residential, and day-to-day living decisions), guardianship of property (covering financial and asset management), or both. Most families we work with pursue the combined form so there are no gaps in protection.
- Medical Decision Authority: Ensures you can authorize treatments, consent to procedures, and communicate with healthcare providers on your loved one's behalf.
- Financial Oversight: Allows the guardian to manage bank accounts, government benefits, and everyday expenses without legal ambiguity.
- Residential Planning: Gives you the legal standing to arrange housing, whether that's in the family home or a supported living environment.
- Long-Term Security: Remains in effect indefinitely, unlike some guardianship orders that require periodic renewal, though the court retains supervisory authority.
Who Qualifies and How the Process Works
To petition for a 17-A guardianship, the individual must have an intellectual or developmental disability that was diagnosed before age 22 and that creates a substantial limitation in self-care, communication, or independent decision-making. Two certifying physicians (or one physician and one psychologist) must submit affidavits confirming the diagnosis and the person's functional limitations. In some cases, the court may also appoint a guardian ad litem or mental hygiene legal service representative to protect the individual's interests.
Our team prepares the full petition, coordinates the medical certifications, and represents your family at the Surrogate's Court hearing. We also handle situations where family dynamics are complicated, such as when parents disagree on who should serve as guardian, or when a successor guardian needs to be named in case the primary guardian can no longer serve.
- Petition Preparation: We draft and file the Surrogate's Court petition, including all required certifications and supporting documentation.
- Court Representation: Our attorneys appear with you at the hearing, presenting the case clearly and addressing any questions the court may raise.
- Successor Planning: We help you designate standby or successor guardians so your loved one is never left without legal protection.
How We Make the 17-A Process Less Overwhelming
Families often come to us feeling anxious about the idea of going to court over a loved one's care. We understand that concern. The 17-A process, when handled properly, is one of the more straightforward guardianship proceedings in New York. Surrogate's Court judges recognize that these petitions typically come from devoted family members acting in good faith. Our role is to make sure the paperwork is precise, the medical certifications are complete, and you feel prepared and confident walking into that courtroom.
We also counsel families on how 17-A guardianship interacts with government benefits such as Supplemental Security Income and Medicaid, special needs trusts, and future estate planning. Guardianship is one piece of a larger protection strategy, and we help you see the full picture.
Visit us at https://www.aminovlaw.com/ or call us at 347-766-2685 to get your free consultation.
