17A Guardianship Attorney in Smithtown & Syosset, NY
Continue Making Decisions for Your Adult Child with Developmental Disabilities
THE AGE 18 PROBLEM
Your child turns 18. Legally, they’re an adult. But they have autism, Down syndrome, or another developmental disability. They cannot manage independently.
Suddenly, you have no legal authority.
You can no longer:
- Make medical decisions
- Access medical records
- Talk to doctors without your child present
- Manage their finances
- Sign contracts on their behalf
- Make housing or placement decisions
- Authorize treatment or services
- Represent them legally
This creates impossible situations.
Your 18-year-old with autism needs surgery. The hospital won’t talk to you without his consent. He doesn’t understand the risks. He can’t give informed consent. But legally, you have no authority.
Your daughter with Down syndrome receives SSI and Medicaid. The paperwork is overwhelming. She needs help managing her benefits. But at 18, she’s legally independent—even though she needs continued support.
The law says: At 18, your child is an adult capable of making their own decisions.
Reality says: Your child needs continued guidance and protection.
SCPA Article 17A Guardianship Is the Solution
Article 17A is a New York law specifically designed for this situation. It allows you to continue making decisions for your adult child with intellectual or developmental disabilities.
With Article 17A guardianship:
- You retain legal authority to make decisions
- You can access medical records and talk to doctors
- You can manage finances and benefits
- You can make residential and care decisions
- You can protect your child from exploitation
- Your child receives support while maintaining maximum independence
Article 17A bridges the gap between legal adulthood and the reality of needing ongoing parental support.
WHAT IS ARTICLE 17A GUARDIANSHIP?
Article 17A is a section of New York’s Surrogate’s Court Procedure Act that addresses guardianship for adults with intellectual or developmental disabilities.
Two Types of Guardianship Under Article 17A
Guardianship of the Person:
- Medical care and treatment decisions
- Living arrangements and residential placement
- Day-to-day care decisions
- Educational and vocational programs
- Consent to services and supports
Guardianship of the Property:
- Financial management
- Managing assets and income
- Paying bills and expenses
- Applying for and managing government benefits (SSI, Medicaid)
- Making financial decisions
You can be appointed guardian of the person, property, or both. Most parents seek guardianship of both.
17A Guardianship Services We Offer
Article 17A Guardianship Petition
In New York, the parents of your disabled loved one are deemed their Parent and Natural Guardian until they turn 18. Once your loved one turns 18, New York State law deems them a competent adult capable of managing their everyday lives on their own. However, this is not always appropriate. Article 17A Guardianship allows you to remain the guardian of your diasbled loved one and care for their physical and financial needs beyond the age of 18. At Fratello, our experienced attorneys will guide you through the process of applying for and maintaining Article 17A Guardianship.
Guardianship Accounting
If the court finds it necessary, a guardian is appointed to manage the assets and property of your disabled loved one. If you are appointed by the court as your loved one’s guardian, you are responsible for overseeing and using your loved one’s funds to support their wellbeing. In addition to using the funds, as a guardian you are also responsible for guardianship accounting, which requires you to keep a detailed record of all your loved one’s income and expenses. Our expert attorneys can take the burden of guardianship accounting off of your plate, so you can spend more quality time with your loved one.
Change of Guardian
Sometimes an appointed guardian can no longer serve as a guardian. A guardian can voluntarily resign because they no longer want to be the guardian and a new guardian can be appointed by the court. If a guardian is no longer capable or suited to be the guardian, you can petition the court for the removal of the unsuitable guardian. Our attorneys have extensive experience helping people like you and their loved ones exercise all three of these options to serve the best interests of their loved ones.
Who Qualifies for Article 17A Guardianship?
The Person Must Have:
1. Intellectual disability or developmental disability
2. Condition present before age 22
3. Inability to manage personal and/or financial affairs
Qualifying Conditions
Common diagnoses that qualify:
Autism spectrum disorder (ASD)
Down syndrome
Cerebral palsy
Intellectual disability
Fragile X syndrome
Prader-Willi syndrome
Fetal alcohol spectrum disorder
Other developmental disabilities that limit functioning
Key requirement: Disability must have been present before age 22. This distinguishes Article 17A from Article 81.
GUARDIAN RESPONSIBILITIES UNDER SCPA ARTICLE 17A
As guardian, you have legal duties and responsibilities.
Responsibilities as Guardian of the Person
You must:
- Make medical decisions in your child’s best interest
- Ensure appropriate living arrangements
- Provide for daily care and supervision
- Make educational and vocational decisions
- Consent to services and programs
- Protect from harm, abuse, and exploitation
- Visit your child regularly
- Encourage maximum independence
Responsibilities as Guardian of the Property
You must:
- Manage finances prudently
- Use funds only for your child’s benefit
- Keep detailed records of all income and expenses
- File annual accounting with court (if required)
- Apply for and manage government benefits
- Pay bills and expenses
- Invest funds conservatively
- Keep personal funds separate from your child’s funds
Annual Reporting Requirements
For guardianship of the property, you typically must file annual accounting with Surrogate’s Court.
The accounting includes:
- All income received (SSI, SSDI, work earnings, other sources)
- All expenses paid
- Current balance and assets
- Bank statements and documentation
This protects your child by ensuring funds are used properly.
Many guardians hire attorneys or accountants to prepare annual accountings. Our firm assists guardians with this reporting.
Frequently Asked Questions About Article 17A Guardianship
What is Article 17A guardianship in New York?
Article 17A guardianship is a New York law that allows parents or others to continue making decisions for an adult with intellectual or developmental disabilities after they turn 18. It covers personal care, medical decisions, and financial management. The guardianship is established through Surrogate's Court and can be limited or full depending on the individual's capabilities.
Who qualifies for Article 17A guardianship?
To qualify, the person must have an intellectual or developmental disability that was present before age 22. Common qualifying conditions include autism spectrum disorder, Down syndrome, cerebral palsy, intellectual disabilities, and other developmental disabilities. The disability must be such that the person cannot manage their personal and/or financial affairs independently
When should I start the Article 17A process?
Start before your child turns 18. Many parents begin the process when their child is 17 to ensure guardianship is in place by the 18th birthday. At 18, you lose legal authority unless guardianship is established. The process takes 2-4 months, so early planning prevents gaps in your authority.
What if my child is already over 18?
You can still establish Article 17A guardianship. There's no age limit. Many families don't realize they need guardianship until issues arise—a medical emergency, financial exploitation, or difficulty managing benefits. You can file for guardianship at any age as long as the disability was present before age 22.
Can I be removed as guardian?
Guardianship can be modified or terminated if circumstances change. If you become unable or unwilling to serve, the court can appoint a successor guardian. If your child's condition improves significantly and they can manage independently, guardianship can be terminated. Family members can also petition to remove a guardian for misconduct or failure to act in the person's best interest.
Do I need a lawyer for Article 17A guardianship?
While not legally required, it's strongly recommended. The process involves court procedures, legal documents, medical evaluations, and family notifications. An attorney ensures everything is done correctly and represents you at the hearing. Mistakes can delay the process or result in denial. Most families use an attorney.