If your child with developmental or intellectual disabilities is approaching 18, consider applying to the court to be appointed as an Article 17-A guardian.  

Once they turn 18, an incompetent person is now legally recognized as an adult, and parents or guardians no longer have automatic authority to make legal or financial decisions on their behalf, even if they are the primary caregivers. The Court must appoint a guardian for that disabled adult. This type of guardianship is also used for persons who become incompetent later in life and can not take care of their health or finances.

An Article 17-A guardian, appointed by the Surrogate Court, can help protect the interests of an adult with disabilities and make necessary decisions for them.  A guardian can be a guardian of the person, or of the property, or both the person and the property. If the incompetent person has no assets, then only a guardian of the person needs to be appointed.  

The process to appoint an Article 17-A guardian can take several months and involves obtaining certifications from two doctors and submitting signed affidavits. Given the complexity of the paperwork, it’s crucial to start the process early. If you have questions or need guidance, I am here to help based on my experience with families navigating these issues.

As part of planning for an incapacitated person – whether they are an adult or a child –  you should consider establishing a Supplemental Needs Trust (SNT) for that individual. In New York, a Special Needs Trust (SNT) is used to manage and protect assets for an adult who is deemed incompetent. The trust helps maintain the individual’s eligibility for public benefits like SSI and Medicaid by keeping assets out of their name. 

The trustee manages the trust funds and can use them to cover supplemental needs not provided by government programs, such as personal care, education or recreational activities. An SNT ensures that the individual’s quality of life is enhanced without jeopardizing their access to essential benefits. Generally, this can be done without Court intervention, while you can appoint the trustee and dictate how the assets are preserved.  

You can also create an SNT in your will. When we discuss an estate plan with our clients, we take into consideration all possible scenarios. What happens if your heirs are incompetent (or are just on Medicaid) when they inherit? If they inherit assets directly, they could lose significant governmental benefits. A carefully crafted estate plan can prevent that loss. The right questions must be asked before drafting the plan so your heirs are not affected by unintended consequences.  

Firm News

We are excited to welcome Alexandra Templeton, as our part-time paralegal, who will be instrumental in enhancing our systems and processes as well as making us more efficient in the office.

We are upgrading our computer systems to improve security and productivity, continually working to offer better services to our clients.

And I recently attended my quarterly business coaching retreat in Orlando. One of the topics we discussed was about becoming better communicators. We read and discussed the NYT bestseller, Supercommunicators by Charles Duhigg. This book is about learning how to understand what the conversation is really about and asking the right questions to make a deeper connection so that all parties can benefit from the conversation.

My son James just got back from 3 weeks in Japan and he’s already planning his next trip. The good news? I get to go with him! We’re planning our trip for early January! I am learning Japanese, too.  I can already say “She’s a cool lawyer.”  Kanojo wa kūruna bengoshidesu.