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Article 17A Guardianships under NY Law for Adults with Disabilities

Article 17A Guardianships under NY Law for Adults with Disabilities

Parents know seeing kids growing up fast is the most wonderful experience ever, after he or she turns 18 parents will not have to make decisions for them. However, not every parent experiences the same thing especially when they have a disabled child and after 18 it becomes things get even more challenging. However, these parents can rest in relief because their son or daughter’s disability falls under Article 17A for guardianship. In this post, we will dive deep into this matter so that after getting the whole truth you can make a better decision for your differently-abled son or daughter.  

What Does Article 17A Guardianship Under New York Law Say?

The New York Law says parents with special kids should file for Article 17A Guardianships NYC when their kid turns 18 years old. The guardianship can be placed anytime but the person has to be over 18 years of age and parents can file a petition anytime. As a parent, you should secure your disabled son or daughter’s future, and the guardianship is designed for that even when you are gone. The guardianship can only be discharged via court action and the Article 17A Guardianship is only applicable in the New York State. If you move to a different state with your intellectually disabled son, then the guardianship will not apply there. However, the new law depicts that one can transfer the guardianship without another guardianship hearing.  

In other words, if you have an intellectually or developmentally disabled child about to turn 18 but cannot make his or her own decision about the disability. Unless you are directed by the court, you cannot make decisions for your differently-abled son or daughter. The Probate Court Procedure Act’s Article 17A Guardianships under NY Law was enacted to provide accommodations for adults with disabilities.  According to this clause, a parent or other appropriate adult may petition the Surrogate’s Court to be named Guardian, allowing them to function as the disabled person’s advocate even after they reach adulthood. Additionally, if the first guardian is unable to act, a clause allows for the appointment of a backup guardian, or standby, at the same time to serve in your place.

In many cases, disabled individuals cannot make medical and health decisions hence the appointed guardians have to make decisions for them including financial decisions. The petitioner can become the guardian of the disabled person and also the guardian of his property. Article 17A Guardianships under NY law allows guardians to make all necessary decisions a parent would have made for the disabled adult.

What Must Be Submitted on The Court To Continue Guardianship?  

 An affidavit containing important Guardian details along with the petition, the Established Guardian will have to provide the Surrogate’s Court with an Affidavit outlining their relationship to the disabled party. A list of all the household members and their dates of conception, information about their educational background as well. A record of recent criminal charges (apart from minor traffic infractions and decision-making as a youthful violator or juvenile delinquent), details about any mental health issues or medical conditions that could affect their capacity to fulfill their guardian duties, and a justification for why the Proposed Guardian would be a suitable keeper for the disabled party. Your attorney should draft this affidavit and submit it with the petition in compliance with Article 17A Guardianship under New York Law.

Aside from that, the New York State Office of Children and Family Services (OCFS) also requires petitioners to complete a form listing the name and address of the proposed guardian and the members of the proposed Guardian’s household. All this information will be used for background checks before sending the disabled person to the proposed guardian.

If you are cannot or unable to file an Article 17A Guardianships under NY law, feel free to get in touch with lawyers at the law offices of Roman Aminov, P.C to work on these special plans. Call 347-766-2685 right away.  

Roman Aminov Estate Law Firm of Queens 147-17 Union Tpke, Queens, NY 11367, United States, +13477662685 https://www.aminovlaw.com/queens-ny-estate-lawyer

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