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What do you mean, My son needs
a Guardian? We're his parents.
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?
Guardianship may be necessary for people with intellectual or other
developmental disabilities who are not able to make their own
decisions about residential, medical or financial issues.
What is Guardianship?
Guardianship is a court-approved legal relationship between an adult
with intellectual or other developmental disabilities.
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, Inc.
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 person with a disability -
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. |