In New York, adults with intellectual disabilities fall under Article 17A for guardianship. These individuals are deemed incapacitated from birth, and the incapacity is expected to continue into adulthood. Those that qualify for this type of guardianship are adults with a developmental disability or a traumatic brain injury (TBI), regardless of age.
Understanding New York Article 17A Guardianship in Nassau County, Suffolk County, and New York City, NY
In New York, an appropriate time to file for Article 17A Guardianship is when the disabled individual is around 17 ½ years old. The guardianship can be in place when the individual turns 18. However, the petition can be filed any time after the individual turns 18 years old. A guardianship for adults will last either for the person’s lifetime or until the guardianship is discharged through court action.
Article 17A Guardianship is only valid in New York State. This New York guardianship doesn’t cover an individual who moves to a new state. The guardian won’t have the authority to make decisions for their ward. They must initiate another guardianship proceeding in the new state. However, depending on the new state’s laws, it may be possible to transfer guardianship from New York without another guardianship proceeding.
Finding the Right Attorney to Help with Guardianship
If you are caring for a loved one with an intellectual or developmental disability, we can help you seek guardianship to protect their wellbeing. Our guardianship attorneys for adults prepare medical and financial documents, schedule court dates, and support you throughout the process. An article17A Guardianship is the most restrictive type of guardianship, covering most decisions a parent might make for a child. We help determine if this is the right type of guardianship for your loved one.
Russo Law Group, P.C. helps you and your loved ones with Estate Planning, Elder Law, Special Needs Planning, New York Medicaid Planning, Trust & Estate, Guardianship, Small Business Planning, and Real Estate law. We welcome you to contact our Garden City, Lido Beach, or Islandia, New York, law offices to learn more about how we can help address your estate planning legal matters.
If you have questions or concerns about New York Guardianship for adults in Long Island and New York City communities, please don’t hesitate to contact the New York guardianship attorneys at Russo Law Group, P.C. While we have several office locations, we can also visit your home and offer virtual meetings for your convenience.