Important Things to Know About Guardianship:
What Is Guardianship?
In New York State, parents of persons with intellectual and other developmental disabilities are considered the natural guardians
of their children until their eighteenth (18)
birthday. After a person reaches 18 years of age,
he or she is assumed to be a legally competent
adult and able to manage his or her own affairs.
Guardianship is a planning alternative that enables
parents and relatives to ensure that they, or
others that they designate, may act as advocates
with legal authority and maximize all necessary
and available supports and resources for the benefit
of their family member who may require some level
of assistance in managing their personal and/or
financial affairs. Legal guardianship cannot be
granted from, or specified in, a will.
What Are The Different Types Of Guardianship?
The Guardian of the Person is appointed
by the Court to manage the personal affairs of
the individual with intellectual and/or other developmental disabilities, and is responsible
to protect and assist the individual who because
of their intellectual or other developmental
disability is not able to manage their affairs
and adequately provide for their own care or custody.
The Guardian of the Property, under supervision
of the Court, is responsible for the control of
any or all financial resources and property matters
of the ward. The specific powers are limited to
acting only in property matters and investments
or in the expenditure of income and other assets.
The Guardian of the Property is typically required
to provide an accounting to the court every year.
The Standby/Alternate Standby Guardian
is a person appointed to serve upon the death,
incapacity or renunciation of the primary guardian.
The standby guardian is permitted to assume duties
immediately, subject to court confirmation within
60 days of the death, incapacity or renunciation
of the primary guardian. An alternate standby
guardian can be appointed by the court to fulfill
the duties of the standby guardian should the
standby guardian become incapable or unable to
serve.
What Is An Article 17-A Guardianship?
An Article 17-A Guardianship is a legal proceeding
which takes place in the Surrogate’s Court of
the proposed wards’ county of residence and designates
a parent, sibling, other relative, friend, or
organization to act on behalf of an individual
with intellectual and other developmental disabilities. Article 17-A provides for continued
legal guardianship of individuals who have intellectual and other developmental disabilities
even after they reach the age of 18 years old.
In order for a Court to appoint a guardian, it
must be satisfied that the guardianship is necessary
and in the best interest of the person with intellectual and other developmental disabilities.
Certifications by one licensed physician and one
licensed psychologist or two licensed physicians,
one of which has experience working with individuals
with developmental disabilities, who are familiar
with the care and treatment of the individual
are required when filing a petition for guardianship.
Who Is Eligible To Receive The Benefit of Guardianship?
Usually, wards are typically individuals over
the age of 18 who do not possess the cognitive,
communicative or educational capacity to make
autonomous decisions or to provide informed consent
for personal, medical and/or financial affairs.
Who Are Guardians?
Primarily, guardians are family, friends and other
relatives. Under Article 17-A, guardians can be
a not-for-profit corporation, such as NYSARC,
Inc.
What Are The Advantages Of Guardianship To The Ward?
A responsible guardian offers protection and support
to vulnerable individuals by making decisions
that harmonize with the individual’s values and
preferences, and to ensure respect for the individual’s
basic human rights, as well as access to benefits
and entitlements.
Are There Alternatives to Guardianship?
Sometimes
a person who would otherwise need a guardian can
be served in a less restrictive way. The following
are some alternatives to guardianship:
-
Advance Medical Directive – Health Care Proxy
– Living will
-
Personal Caregiver
-
Power-of-Attorney
-
Representative Payee
-
Trusts
What Is NYSARC, Inc.’s Corporate Guardianship Program?
NYSARC, Inc. (formerly known as the New York State
Association for Retarded Children, Inc.) is a
not-for-profit organization, which was incorporated
in 1949. In 1970, the Guardianship Program was
established by NYSARC, Inc. as a service to its
members and to individuals who had intellectual and other developmental disabilities
and resided in New York State. This was later
expanded in the early 1980’s to include developmental
disabilities. The NYSARC, Inc. Corporate Guardianship
Program, through the Association’s Chapters, offers
families the assurance that future decisions significant
to the quality of life of their relatives who
have mental retardation are made in their best
interest, particularly in the areas of securing
good health care, appropriate housing and appropriate
day and recreational services. This ensures a
focus on health, as well as personal and social
development.
The NYSARC, Inc. Corporate Guardianship Program
is a service available to families who have no
one else to act as guardian for their children
with intellectual and other developmental disabilities. In order to assure the maximum availability
of guardianship services for members and persons
in the Chapter’s programs, priority for accepting
guardianship applications shall be given to members
of a Chapter, relatives of members and to persons
enrolled in the Chapter’s programs.
Where Can I Get More Information About Guardianship?
For more information on guardianship or guardianship
alternatives, you may contact the following:
NYSARC, Inc.
393 Delaware Avenue
Delmar, NY 12054
(518) 439-8311
(518) 439-1893 (fax)
E-mail: info@nysarc.org
Office of Mental Retardation and Developmental Disabilities (OMRDD)
44 Holland Avenue
Albany, New York 12229
www.omr.state.ny.us
Commission on Quality of Care for the Mentally Disabled (CQC)
401 State Street
Schenectady, New York 12305
(518) 388-1270
BillC@cqc.state.ny.us
www.cqc.state.ny.us/homepage.htm
The National Guardianship Association (NGA)
National Guardianship Foundation (NGF)
1604 N. Country Club Road
Tucson, Arizona 85716-3102
Tel# (520) 881-6561
Fax#(520) 325-7925
www.guardianship.org
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The decision to seek guardianship of another individual
should not be taken lightly. Guardianship involves
significant responsibilities and requires a lifelong
commitment to the individual served.
