In New York, adults with intellectual disabilities fall under Article 17A for guardianship. Those that qualify for this type of guardianship are adults with a developmental disability and an adult with a traumatic brain injury (TBI).
Understanding New York Article 17A Guardianship
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 will last either for the person’s lifetime under guardianship or until the guardianship is discharged through Court action.
Article 17A Guardianship is only valid in New York State. This guardianship type means that if the individual under the guardianship moves to a new state, the guardian will not have the authority to make decisions for his/her ward. The guardian would then need to 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 the need for another guardianship proceeding.
Russo Law Group, P.C. helps you and your loved ones handle Estate Planning, Elder Law, Special Needs Planning, Medicaid Planning, Trust & Estate, Guardianship, Small Business Planning, and Real Estate Law. We welcome you to contact our Garden City, Lido Beach, Islandia, or Manhattan, New York law offices to learn more about how we can help address your guardianship legal matters.