If you care for a child with a disability, you likely worry about what happens when they turn 18. New York offers ways for families to keep helping with decisions after a child becomes an adult.
Article 17A guardianships protect adults with lifelong disabilities who cannot manage their own lives. Unlike other types of guardianship in New York, Article 17A is made just for people with specific developmental conditions.
Turning 18 changes legal authority
In New York, your child becomes a legal adult at age 18. This is true even if they still need a lot of help. Without a plan, you may lose the right to make medical or financial choices for them. Doctors or agencies may stop sharing info with you or refuse to accept your authority.
If your child cannot make these decisions independently, you must petition for an Article 17A guardianship. While you can file an Article 17A petition at any time after your child turns 18, beginning the process several months before their 18th birthday helps prevent a gap in legal authority.
Guardian of the person vs property
You may seek authority over personal decisions, financial decisions or both. There are two types of guardians under New York law:
- Guardian of the person: This type of guardian generally handles matters like healthcare decisions, living arrangements and day-to-day welfare.
- Guardian of the property: Sometimes called a property guardian, this type focuses on financial matters. This may include responsibilities like paying bills and safeguarding property.
The court can grant one role, the other or both, depending on what you request and what the court finds appropriate.
Managing funds for best interests
If the court appoints you as Guardian of the Property, you have a fiduciary duty to manage your child’s assets responsibly. You must use these funds strictly for their benefit, such as for specialized equipment, therapy or personal comforts.
However, remember that the Surrogate’s Court requires regular accounting of the funds. For significant expenditures, you may need to obtain specific court orders before withdrawing or spending money.
Special Needs Trusts (SNTs)
Guardianship and a Special Needs Trust (SNT) often complement each other. An SNT can hold assets for your child’s benefit without disqualifying them from certain public benefits. You can use an SNT to improve quality of life. This may include expenses for therapies not covered by benefits and more, while preserving eligibility.
Eligibility and certification
Unlike other forms of guardianship, Article 17A requires specific medical evidence. You must provide certifications from two licensed physicians or one physician and one licensed psychologist. They must certify that your child has a developmental or intellectual disability and cannot manage their own affairs. This process ensures that the court only grants guardianship when it is truly necessary for the individual’s protection.
Securing an Article 17A Guardianship can ensure your child remains protected throughout their adult life. If you need advice regarding the process, you may wish to consult a legal professional specializing in NY disability law.