When filling for an Article 17A Guardianship, the Petitioner will need to provide information about themselves, about the disabled person, and about the disabled person’s family. An Article 17A guardianship can cover all the decisions a parent usually makes for a child such as consenting to medical care or maintaining their financial assets, thereby enabling the parent to provide continuity of care for their disabled child after they have reached the age of legal majority. It is also possible that the disabled child requires assistance in both areas in which case the petitioner would seek to become guardian of both the person and property. The petitioner will need to decide whether they would like to become guardian of the person – who makes medical and health decisions for the disabled person – or guardian of the property who will make financial decisions. Generally, the person requesting an Article 17A guardianship is a parent or close family member who will petition their local Surrogate’s Court and asked to be named guardian. The Article 17A Guardian will be charged with protecting the interests of the intellectually or developmentally disabled adult and making decisions for them in areas of their life that they are unable to. Parents may turn to the Surrogate’s Court and ask them to appoint an Article 17A Guardian for their developmentally or intellectually disabled adult child. Fortunately, the law provides a solution to the question of how to care for a child who lacks the capacity to make their own medical and financial decisions after they have become a legal adult – Article 17A guardianships. While this may seem obvious and logical to most, for those parents of disabled young people, a child’s 18th birthday can present a real logistical problem. Their parents no longer have the authority to make decisions about their health or property. In New York State when a minor reaches the age of 18, they have the legal right to make their own decisions.
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