Guardianship for Special Needs Adults

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Planning for the Transition to Adulthood

When a child with special needs turns 18 in New York, parents no longer have automatic legal authority to make decisions for them. If your adult child is unable to manage their own health care, finances, or daily needs, you may need to petition for Article 17-A guardianship. We help families across New York City and the Greater Hudson Valley get the legal tools they need to support and protect their loved ones.

Who 17-A Guardianship Applies To

  • Autism Spectrum Disorders
  • Down syndrome
  • Cerebral palsy
  • Intellectual or developmental disabilities
  • Traumatic brain injury from birth or childhood
  • Other cognitive or neurological impairments

17-A guardianship is often used for young adults with lifelong support needs—but the process must begin before or soon after they turn 18.

What the Process Involves

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Filing a petition in Surrogate’s Court
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Providing medical certifications from two doctors (or one doctor and one psychologist)
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Notifying other interested parties
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Understand your duties as guardian
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Receiving letters of guardianship upon approval

We guide you through each step, making sure the paperwork is accurate and the process moves forward smoothly.


Frequently Asked Questions

  • Can both parents be named as guardians?

    Yes. Most courts allow co-guardians and will often approve both parents unless there’s a reason not to.

  • Can we name a backup guardian?

    Yes. Naming a standby or successor guardian ensures your child is supported in the future, even if you become unable to serve.

  • How is 17-A different from 81 guardianship?

    17-A is specifically for adults with intellectual or developmental disabilities. It’s usually broader in scope and easier to obtain than Article 81.

  • Can guardianship be tailored to allow some independence?

    In Article 81, yes. In 17-A, powers are usually granted more broadly. For higher-functioning individuals, supported decision-making or limited guardianship may be more appropriate.

We Help You Plan for Their Future With Confidence

If your child is turning 18 and needs ongoing support, we’ll help you take the legal steps now so you can continue to care for them with clarity and peace of mind. Contact us to begin the guardianship process today.

Let us Know How We Can Help

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