|
Guardianship Eunice
Lalonde, CSW, ACSW St. Lawrence NYSARC provides services to individuals throughout St. Lawrence County. Family members or advocates are provided opportunities for education and consultation in response to concerns for the present and future care of persons who are mentally challenged. Specific services include assistance with Guardianship applications, Surrogate Court procedures, future planning, special needs trusts, and more. Planning For The Future The law does not recognize the rights of parents after the child reaches the age of eighteen unless they have become legal Guardians. Why is Guardianship necessary? What is Guardianship? Guardianship is a court-approved legal relationship between a minor child or a mentally retarded, developmentally disabled adult. Who can be a Guardian? Parents are usually the best Guardians for their children. However, brothers, sisters, or close friends may also make good Guardians. Sometimes families prefer organizational guardianship alternatives such as NYSARC. When should you consider applying for Guardianship? Prior to the age of eighteen is preferable, but this can occur at any time in the person's life. What is the function of a Guardian? The Guardian makes decisions on behalf of the disabled person - decisions that the court has determined cannot be made by him or herself. Who appoints the Guardian? The Surrogate Court Judge appoints the Guardian under Article 17-A of the Surrogate Court Procedure Act or Article 81 of the Mental Hygiene law. Will Guardianship take away my child's rights? No, the rights of a person with developmental disabilities are not taken away
with Guardianship. A Guardian is granted the authority to protect the interests
of the individual. Sharing responsibility and decision making will assure the
person's rights. Unrestrictive |
Autonomy