Oftentimes parents of children with special needs, whether developmentally or intellectually, mistakenly believe that they may continue to make decisions on their child’s behalf after the child turns eighteen (18) years of age. However, once the child attains the age of majority (age eighteen (18) in New York), the child is the only person who has the legal authority to make personal, medical, and/or financial decisions for himself/herself.  In order for parents to continue to make these decisions for their adult child with special needs, the parents would need to look into guardianships for adult children with special needs.

The first step is to petition the Surrogate’s Court for appointment as Guardian of the Person, Guardian of the Property, Guardian of the Person and Property, or Limited Guardian of the Property.

A Guardian of the Person is able to make decisions regarding the personal needs of the adult child with special needs, such as healthcare decisions. A Guardian of the Property is able to make financial decisions on behalf of the adult child with special needs. The specific needs and circumstances of the adult child with special needs determine which type of guardianship needs to be pursued.

If you have any questions or concerns about guardianships for adult children with special needs, please do not hesitate to contact the Guardianship Attorneys at Russo Law Group, P.C.