Sometimes, parents of disabled adult children worry about their kids' futures. They wonder how their children will make important decisions after turning 18. This concern is significant for many families.
We understand these worries. Numerous parents face the same issue as their children reach adulthood. To keep helping with health and financial matters, parents can ask the court to become Article 17A Guardians. We have thoroughly researched this topic to guide you through the process.
This article will show you how to file the necessary forms, provide required details, and explain why starting early makes things easier. Stay tuned for a clear guide covering all these points and more!
In New York State, when a minor turns 18, they can make their own decisions. Their parents no longer have the say over their health or property. This is clear to most, but for parents of disabled young people, a child’s 18th birthday can cause real problems. The law provides a solution for caring for a child who can't make their own medical and financial decisions after becoming an adult; Article 17A guardianships.
Parents may turn to the Surrogate’s Court and ask them to appoint an Article 17A Guardian for their developmentally or intellectually disabled adult child. The Article 17A Guardian will protect the interests of the disabled adult and make decisions for them in areas they can't handle themselves. Typically, the person asking for an Article 17A guardianship is a parent or close family member who will petition their local Surrogate’s Court and ask to be named guardian.
The petitioner must decide if they want to become guardian of the person, handling medical and health decisions, or guardian of the property, managing financial matters. If help is needed in both areas, the petitioner would seek to become guardian of both person and property. An Article 17A guardianship covers all decisions parents typically make for children, like consenting to medical care or managing finances, allowing parents to continue caring for their disabled child after they reach adulthood.
To file for an Article 17A Guardianship, the Petitioner must provide info about themselves, the disabled person, and their family. They also need information about the disabled person’s doctor, assets, income, as well as a potential standby guardian if the named guardian becomes unable to continue. Further requirements include affidavits about the petitioner’s background and those in their household; an affidavit from the disabled person’s doctor outlining disabilities and limitations; waivers from certain family members agreeing on appointing the petitioner as guardian. This type of guardianship is usually permanent due to its basis on developmental or intellectual disability.
This process may seem tough at first glance. However, most required information is available from those already caring for the disabled individual up until age 18. Though mostly straightforward, it can take several months from Petition filing to being named Guardian, so starting sooner rather than later is best.
If you need help petitioning for an Article 17A Guardianship or any other estate planning or probate law issue, feel free to call Law Offices of Roman Aminov P.C. at 347-766-2685.
This article aims to give general info - not specific legal advice from Roman Aminov. Using this post doesn't create an attorney-client relationship and should not replace competent legal advice from a licensed local estate attorney in NY or your state.
Conclusion
Parents of disabled adult children can petition the court to become their child's Article 17A Guardian. This enables them to assist with health and financial matters, even after the child reaches 18 years old. The process typically takes several months and requires filing paperwork and providing detailed information. Guardianships tend to be permanent because of lifelong needs. Initiating the process early makes it more manageable. Consider how this guardianship could benefit your family. Investigate more options, stay informed, and take action promptly!
FAQs
1. What is Article 17A Guardianship?
Article 17A Guardianship is a legal process in New York State that allows someone to make decisions for another person who cannot do so themselves due to intellectual or developmental disabilities.
2. Who can apply for an Article 17A Guardianship?
Parents, family members, or close friends can apply for guardianship if they believe the person needs help making important life decisions.
3. How does one start the process of obtaining an Article 17A Guardianship?
To begin, you must file a petition with the Surrogate's Court in your county. This includes providing medical proof of the person's disability and why they need a guardian.
4. What responsibilities does an Article 17A Guardian have?
An Article 17A Guardian makes personal and financial decisions on behalf of the individual, ensuring their well-being and managing their affairs responsibly.
