The New York and Texas offices are currently able to assist clients through the guardianship process.
New York’s Article 17A Guardianship Law
According to the law, once a child in New York reaches the age of 18, he or she becomes an emancipated adult. The same holds true for children with special needs. Before your child with special needs turns 18, you should consider what your child will need once he or she becomes an emancipated adult.
In New York State, Article 17A guardianship is available to adult children with developmental disabilities and/or intellectual disabilities. Article 17A is a broad-based guardianship that covers decisions regarding healthcare, residential and vocational choices. It’s important for you to decide how much assistance your child will need and speak with a guardianship attorney to discuss your options. At the Cuddy Law Firm, our guardianship attorneys are happy to meet with you and answer any questions you have about Article 17A guardianship. Call our office today if you live in New York and have a child under 18 with special needs.
Article 81 Guardianship
Article 81 of the Mental Hygiene Law, Appointment of a Guardian for Personal Needs and/or Property Management went into effect in April of 1993. Article 81 allows for a guardian to be appointed for an incapacitated person tailored to the person’s specific needs, personal and/or financial, limited to only those activities for which a person needs assistance.
Article 81 requires the court to consider alternatives to the appointment of a guardian, such as the use of advocates, advance directives and/or representative payees, etc. Article 81 does involve a hearing and/or continuous court involvement and oversight.
Guardianships in Texas
A guardianship is a court-supervised administration for a minor or for an incapacitated person. A person, called the guardian, is appointed by a court to care for the person and/or property of the minor or incapacitated person, called the ward. There are two types of guardianship in Texas. A qualified Guardian of the Person is appointed to take care of the physical well-being of a ward. A Guardian of the Estate is appointed to manage the financial affairs of a ward. In many cases, the same person may be appointed to be both a guardian of the person and the estate.
For some people with a disability, guardianship may be the only option. But because guardianship takes away a person’s rights, Texas courts must look for less restrictive alternatives before granting a guardianship. Less restrictive alternatives to guardianship may include: voluntary money management programs, power of attorney, medical directives to physicians, Social Security representative payment program, trusts, consent to authorize advocacy and supported decision making. If these options are not viable alternatives to guardianship, Texas courts follow very specific procedures for proving the need for a guardianship, getting a guardian appointed and for the annual reporting of the ward’s person and/or estate. The decision to seek guardianship is often difficult for the alleged incapacitated person and his or her family members. The guardianship attorneys in Texas are here to help and answer any questions you may have regarding this process.