Legal Guardianship for Special Needs Child in New York
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Questions And Answers
Legal guardianship for special needs child in New York is an area of law that protects the well-being of children with mental and/or physical disabilities once they turn eighteen.
A person is considered an adult at age 18 in the state of New York. This means that the state recognizes them as able to make decisions for themself. However, when a person has mental disabilities, for example, they may not have the mental faculties to make proper decisions for themself. This is where a legal guardianship for a special needs child comes in. It ensures that they will be taken care of past their eighteenth birthday
When you are the guardian of a special needs child who has reached eighteen, you have the right to make decisions for them regarding their medical and financial needs.
There are a few types of legal guardianship, but when it comes to legal guardianship of a special need child in New York, there are two to keep in mind: Full Guardianship and Limited Guardianship.
The process can take as little as six months, but it can also take up to a year. It is important to consider these time ranges when beginning the process.
Since the process can take up to a year, it is advisable to begin the process when the special needs child turns 17. This ensures that there will not be any period where they will not be taken care of. You do not want to start the process late because then there could be a gap in their assets being taken care of.
No, there is no limit. For example, if your child is in his or her late twenties, you can still begin the process. However, it is preferable to start the process earlier if possible.
Parents can apply together and be co-guardians of the special needs child. All that is necessary is that they apply together. There is no restriction on this.
It depends on the Surrogate Courts in each county in the state of New York. Some require that petitioners are present while others don’t. It is important to check with the Surrogate Court in your county beforehand.
Yes. This part of the process can take quite some time, so it is important to begin as soon as possible. The child’s physician and/or psychologist needs to fill out an affirmation, though this document does not need to be notarized.
There needs to be two affirmations. Either one from a physician and one from a psychologist, or two from two physicians. All physicians and psychologists need to be licensed.
Not all children have parents, so you do not have to be a parent to be the legal guardian for the special needs child in New York.
When you petition for legal guardianship of a special needs child in New York, you will have to say how you want to act. You can either be a guardian of the person, a guardian of the property, or a guardian of the person and the property.
A guardian of the person has control over the well-being of the special needs child, including healthcare, comfort, etc. Guardian of the property is guardian over the aforesaid child’s money and property. You can choose to be guardian over both.
Yes. An attorney can help you petition for legal guardianship of a special needs child in New York. Your attorney will have extensive knowledge of what information needs to be acquired. In addition, they will be able to guide you and consult you with what the best options are for your case.
A standby guardian fills in as guardian should the primary guardian pass away. It is not required to have a standby guardian. If you think it necessary, however, then you should consult your attorney who will know best how to guide you.
When petitioning for legal guardianship for a special needs child in New York, you will need certain information. This information includes the name, address, and relationship to the disabled. It will also include the name, address, telephone number, disability, and birthday of the disabled. You will also need to include all information about family members and/or any facility the child may be a part of. Most of the information will be readily available. To find out what else you need, you should consult your attorney.
Yes. In the state of New York, you will also need to fill out the OCFS-3909 form, which includes all the names and address of the guardian and members of the guardian’s household.