Guardianship---NY

In New York State, when a person becomes 18 years old they are assumed to be legally competent to make decision for themselves. This means no other person is allowed to make a personal, medical or financial decision for that individual. If a person is "intellectually disabled or developmentally disabled," has difficulty making decisions for themselves and over 18 years old, you can ask the Surrogate's Court to appoint a guardian for him or her. 

An Article 17-A Guardianship is available only for individuals who are "intellectually disabled or developmentally disabled." These are the legal terms used in Article 17-A of the Surrogate's Court Procedures Act.

A certification from one physician and one psychologist or two physicians must be filed with the petition certifying that the person has a disability and is not able to manage his or her affairs because of intellectual disability, developmental disability or a traumatic head injury. The Surrogate's Court can appoint a guardian of the person, the property or both.

An Article 17-A Guardianship is very broad and covers most decisions that are usually made by a parent for a child such as financial and healthcare decisions.

To apply for guardianship for your child, you can contact a lawyer to help you file the necessary papers or you can file papers on your own in Surrogate’s Court. In most cases, it is not a complicated process.

Some organizations such as ARC have guardianship clinics where they teach you how to apply on your own. Others such as Tafkid have a yearly guardianship clinic with the assistance of a lawyer.

To file on your own, you can either contact the court for an Article 17A Guardianship Packet or fill out most of the forms online at http://nycourts.gov/CourtHelp/DIY/guardianship17A.shtml. Then print them out, sign and notarize.

You can choose a secondary and a standby guardian in case in the future you are unable to act as guardian. They must fill out a special form. Any siblings over 18 years old must sign consent. You will also need to have your physicians or psychologist certify the person as unable to manage their own affairs.

The current filing fee is $20.00 (January 2020).

Once you file the papers with the court clerk, you will receive a date to come to court. Before that date, the court will send a representative to meet you and your child. They will submit their recommendations to the court.

When the process is completed, the court will give you a Certificate of Appointment (currently $6.00 per copy) as proof of guardianship.