Do I Need a Lawyer to Evict My Tenant?
If you are a parent of a child with intellectual or developmental disabilities, you’re most likely looking to ensure your child is well cared for even after they reach the age of 18, when the law will generally consider them capable of making certain critical decisions on their own. This is where an Article 17-A guardianship can help. Continue reading and reach out to a seasoned Rockland County guardianship lawyer from The Law Office of Peter A. Hurwitz, PLLC to learn more about these types of guardianships and how our firm can guide you through every step of the process ahead. Here are some of the questions you may have:
Who May Qualify for an Article 17-A Guardianship?
Article 17-A guardianships are reserved for individuals with intellectual or developmental disabilities who cannot manage some or all of their personal or financial affairs without assistance. The court may appoint a guardian of the person, a guardian of the property, or a guardian who is responsible for both. Some conditions that may potentially qualify a person for an Article 17-A guardianship include the following:
- Intellectual disabilities
- Autism
- Cerebral palsy
- Epilepsy
- Certain neurological impairments
- Traumatic brain injuries
- Other conditions closely related to developmental disabilities
That being said, a medical diagnosis, by itself, will not necessarily establish that guardianship is required. Medical professionals must certify that the person’s condition interferes with his or her ability to manage personal or financial matters and that the condition is permanent or is expected to continue indefinitely.
You should also understand that Article 17-A guardianship is among the most restrictive forms of guardianship available in New York. That’s why, before filing a petition, families should determine whether supported decision-making, a health care proxy, power of attorney, or an Article 81 guardianship could offer sufficient protection while preserving more of the person’s independence.
What Documents Must Be Filed With the Surrogate’s Court?
To begin the process, a petitioner who is at least 18 years old must file the case with the Surrogate’s Court located in the county where the person with the disability lives. Therefore, if the individual lives in Rockland County, the petition will generally be filed with the Rockland County Surrogate’s Court. Article 17-A proceedings can be document-heavy, and several forms may be required. Some of the most important documents include:
- An Article 17-A guardianship petition
- An affidavit completed by the proposed guardian
- A combined oath and designation
- Certifications from two physicians or one physician and one licensed psychologist
- Waivers and consents from relatives who do not object
- A notice of petition and affidavit of mailing
- A proposed guardianship citation
- Information needed to complete the required background checks
Depending on the circumstances, the petitioner may also have to submit the individual’s certified birth certificate, residential history, Individualized Education Program, or Individualized Service Plan. The court may request additional documents if any information is missing or if further evidence is needed to determine whether guardianship is appropriate.
What Happens After an Article 17-A Petition Is Filed?
Once the petition and supporting documents are filed, the court will review the paperwork, complete the necessary background checks, and determine whether the matter is ready to move forward. If something is incomplete, inconsistent, or unclear, the petitioner may be asked to provide corrections or additional evidence.
A judge may then schedule a hearing, though a formal hearing is not always required. If a hearing is held, the petitioner may be expected to explain:
- Why the individual requires a guardian
- Which decisions the individual can and cannot make
- Why the proposed guardian is an appropriate choice
- Whether less restrictive alternatives have been considered
- How guardianship would protect the individual’s best interests
The judge may also hear from relatives, medical professionals, the proposed guardian, and the person who would be placed under guardianship. Ultimately, the court’s primary concern will be whether the guardianship is necessary and whether appointing the proposed guardian will serve the individual’s needs.
If the petition is approved, the court will issue a decree and Letters of Guardianship. These documents formally appoint the guardian and explain the extent of his or her authority.
If you have any further questions, or you would like to speak with a seasoned Rockland County guardianship lawyer, please don’t hesitate to contact The Law Office of Peter A. Hurwitz, PLLC for an initial consultation today.
