Legal Guardianship For Disabled Or Special Child In New York
If you have a child who has special needs in NY and is turning 18, you will be required to file a formal Article 17A Guardianship in Surrogate’s Court in order to have a court order and legal authority making you the legal NY guardian of that child so that you can make medical and/or financial decisions for that child who is no longer a minor.
Prior to the age of 18, a disabled child’s parents are the legal NY guardian of such a minor child who has special needs and they have the legal authority to make medical and/or financial decisions for such a child under the age of 18.
However, once that disabled child reaches the age of 18, the parents no longer have any legal authority to make financial or medical decisions.
A 17A-NY Legal Guardian Has The Authority To Make Decisions On Behalf Of A Special Child
If you have a disabled child or a child with special needs in NY who has reached the age of 18 and you are located in the New York City area, Westchester, White Plains, Manhattan, Long Island, Queens, Brooklyn or Staten Island, the NY special needs planning lawyers at The Law Offices of Michael Camporeale can assist you with bringing the appropriate Article 17A NY guardianship proceeding before the Surrogate’s Court so that you can become their legal guardian. Our special needs planning lawyers in New York know exactly what you want for your child.
For example, if your child who has special needs is now 18 and is in need of a certain medical and/or dental procedure and a consent for such a medical procedure is required; for example to undergo surgery. A special needs person who is over the age of 18 and is developmentally disabled does not have the legal capacity to consent to such a medical procedure, and their parents can no longer give consent for that child once they reach the age of 18 . Therefore, a 17A NY legal guardian would be the only person that could give such a consent for such a medical procedure.
An Article 17A NY guardian has to be in place in order to give such consent, and that authority can only be given after the Surrogate’s Court has granted the authority formally in an order where a legal guardian has been appointed.
So despite the fact that prior to age 18 a parent was the guardian of such a disabled child and was able to give consent, after the age of 18, they no longer have that legal authority.
The NY special needs lawyers at the Law Offices of Michael Camporeale with offices located in Manhattan, White Plains, Long Island, Queens, Brooklyn, Bronx and Staten Island can help you with your NY special needs planning as we are lawyers well versed and experienced in this special area of law. We can help get you the legal authority to become legal guardian over that disabled person who is no longer a minor so that you can now legally handle their medical and financial affairs going forward in their lives.
Our special needs planning lawyers have been helping families with children with special needs for well over a decade in New York. Our offices are located in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.
Special children need a special needs planning lawyer help them make decisions which are right for them. The attorney acts as their guardian and takes all the important decisions for that child. Whether they need to set up a trust for the child, take care of the child’s medical needs as the child grows old, the special needs planning attorney can take care of everything. Over the period of time, the child with special needs may also need help from an estate planning lawyer, an elder law lawyer, a Medicaid planning lawyer, an elder law attorney, or an estate planning attorney. We have experienced and qualified attorneys and lawyers who can take care of the job at The Law Offices Of Michael Camporeale P.C.
For more information on Legal Guardianship For A Special Child, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 475-9639 today.
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