Rockland County Article 17-A Guardianship Lawyer

When a child with an intellectual or developmental disability approaches the age of 18, his or her parents will most likely begin to have several important questions regarding what will happen once that child is legally considered an adult, such as whether they will still be allowed to speak with doctors, make medical decisions, manage certain financial matters, or otherwise assist their child with important choices. Unfortunately, once a person turns 18, parents generally no longer have the automatic legal authority to make these decisions, even if their child continues to depend on them for daily care. That being said, New York law allows certain families to pursue an Article 17-A guardianship. Essentially, this type of guardianship permits the court to appoint a trusted person to make certain personal or financial decisions for an adult with a qualifying intellectual or developmental disability. Read on and reach out to a Rockland County Article 17-A guardianship lawyer at the Law Office of Peter A. Hurwitz, PLLC to learn more about how these work and how our firm can assist you.

What Is an Article 17-A Guardianship in New York?

An Article 17-A guardianship is a specific type of guardianship established under Article 17-A of the New York Surrogate’s Court Procedure Act. Rather simply, it allows the Surrogate’s Court to appoint a guardian for an adult with an intellectual or developmental disability who cannot independently manage certain personal or financial matters. Depending on the circumstances, the court may appoint one of the following parties:

• A guardian of the person
• A guardian of the property
• A guardian of both the person and property

A guardian of the person generally makes decisions regarding medical care, education, residence, personal needs, and general well-being. A guardian of the property, however, may be authorized to manage assets, income, benefits, or other financial matters.

In many cases, families will begin this process before their child turns 18 so there is no gap in legal authority once the child becomes an adult.

Who Qualifies for an Article 17-A Guardianship?

For an individual to qualify for an Article 17-A guardianship, they must have an intellectual disability or developmental disability that substantially affects his or her ability to function independently. Some examples of potentially-qualifying conditions are as follows:

• An intellectual disability
• Autism
• Cerebral palsy
• Epilepsy
• A neurological impairment
• Another qualifying developmental disability

Importantly, for someone to qualify, their disability generally must have originated before adulthood and be expected to continue indefinitely. Additionally, the court will require evidence that the condition interferes with the individual’s ability to make certain important decisions.

Medical certifications are generally required from qualified physicians or psychologists explaining the nature of the disability and why guardianship is necessary.

The court may also consider whether a less restrictive alternative, such as a power of attorney, health care proxy, representative payee arrangement, or supported decision-making agreement, could provide enough assistance without a full guardianship.

Who Can Become an Article 17-A Guardian?

Parents are frequently appointed as Article 17-A guardians, though they are not the only people who may qualify. Additional potential guardians (under certain circumstances) may include the following:

• One or both parents
• An adult sibling
• Another family member
• A trusted friend
• Another qualified adult
• An authorized organization in certain cases

The court’s primary concern is whether the proposed guardian is suitable and whether the appointment will serve the individual’s best interests, and as such, the judge may consider the proposed guardian’s relationship with the individual, familiarity with his or her needs, ability to make responsible decisions, and willingness to carry out the duties involved.

In some cases, two people may serve as co-guardians. A standby guardian may also be named to take over if the original guardian dies, becomes incapacitated, or is otherwise unable to continue serving.

What Rights Does an Article 17-A Guardian Have?

The authority of an Article 17-A guardian will depend on the court’s order and whether the person is appointed as guardian of the person, guardian of the property, or both. A guardian may be authorized to:

• Speak with medical providers
• Consent to certain medical treatment
• Make decisions regarding housing
• Arrange educational or vocational services
• Coordinate care and support
• Apply for government benefits
• Communicate with agencies and service providers
• Manage income or assets, if appointed as property guardian

That being said, a guardian does not necessarily have unlimited power. The guardian must follow the terms of the court order, and certain financial transactions or major decisions may require further court approval.

A guardian of the property may also have to maintain records, file reports, and account for how the individual’s money is being managed. Above all, the guardian must act for the benefit of the individual rather than for his or her own convenience or financial gain.

What Rights Does the Individual Keep Under an Article 17-A Guardianship?

Many people assume that an individual loses every legal right once an Article 17-A guardian is appointed. However, this is not necessarily true.

Though certain decision-making authority may be transferred to the guardian, the individual should continue to be treated with dignity and involved in decisions to the greatest extent possible. Depending on the circumstances, the individual may continue to:

• Express preferences regarding medical care
• Participate in decisions about where he or she lives
• Maintain personal relationships
• Attend school or vocational programs
• Work or participate in supported employment
• Practice a religion
• Take part in social activities
• Vote, if otherwise legally eligible

A responsible guardian should make an effort to understand the individual’s goals, routines, preferences, and personal values, and even when the guardian has final authority, the individual’s wishes should still be considered whenever possible.

How Do You Obtain an Article 17-A Guardianship in New York?

There are several steps involved in obtaining an Article 17-A guardianship in New York. Generally, the process is as follows:

1. Determine whether guardianship is appropriate: Evaluate the individual’s abilities, needs, and whether a less restrictive alternative may be sufficient.
2. Choose a proposed guardian: Decide who will ask the court to be appointed, such as a parent, sibling, relative, or trusted adult.
3. Obtain medical certifications: Qualified physicians or psychologists must generally provide documentation regarding the disability and need for guardianship.
4. Prepare and file the petition: The petition is filed with the appropriate Surrogate’s Court and includes information about the individual, proposed guardian, disability, and requested authority.
5. Submit supporting documents: Additional records may include birth certificates, consents, affidavits, financial information, and identification documents.
6. Provide required notice: Certain family members and interested parties must be notified of the guardianship proceeding.
7. Attend the hearing: The judge may review the petition, speak with the proposed guardian, consider the medical evidence, and ask questions about the requested appointment.
8. Receive the court’s decision: If the legal requirements are satisfied, the court may issue a decree appointing the guardian.
9. Follow continuing court requirements: The guardian must comply with the court’s order and any ongoing reporting or accounting obligations.

Contact an Article 17-A Guardianship Lawyer in Rockland County Today

If you are considering pursuing an Article 17-A guardianship for your child, sibling, or another loved one, a lawyer from Law Office of Peter A. Hurwitz, PLLC is here to help you, every step of the way. Contact a knowledgeable and compassionate Rockland County Article 17-A guardianship lawyer from our firm today to learn more about how we can guide you through the legal process and ensure your loved one is well taken care of.