• Guardianship

         

    In New York State, when a person becomes 18 years old they are assumed to be legally competent to make decisions 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 is over 18 years old, you can ask the Surrogate's Court to appoint a guardian for him or her.

    A certificate 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. Parents do not automatically receive guardianship of their children when they turn 18.  
     
    Information regarding obtaining guardianship in New York State can be found at:  http://www.nycourts.gov/courthelp/guardianship/index.shtml
     
     
Last Modified on August 20, 2024