Article 17A Proceedings
The New York Surrogate’s Court Procedure Act, Article 17A provides a mechanism for parents to seek guardianship over their disabled child. The parent(s) or caretaker(s) can petition the local Surrogate’s Court seeking the ability to make decisions on behalf of the disabled adult child. A certification from one physician and one psychologist or two physicians must be filed with the petition certifying that the person has a disability and is not able to manage his or her affairs because of an intellectual disability, developmental disability or a traumatic head injury. The Surrogate’s Court can appoint a guardian of the person, the property or both.
In the initial petition, a request can be made for the Court to also appoint standby guardians, which allows for a more seamless transition in the event the original named guardian is no longer able to act in the future. Ideally, the petition seeking guardianship should be filed immediately prior to the child turning 18 years of age in order to avoid delays, but it can be filed any time after his or her 18th birthday.
CALL US FOR PEACE OF MIND TODAY
PHONE: (516) 228-6522
FAX: (516) 228-6525
600 OLD COUNTRY ROAD - SUITE 444 GARDEN CITY, NEW YORK 11530-2009
SATURDAY & SUNDAY CLOSED
SE FALA PORTUGUÊS
LOCATED IN GARDEN CITY, NEW YORK, MAKOFSKY LAW GROUP, P.C. (formerly Makofsky & Associates, P.C. formerly Raskin & Makofsky, LLP) HAS SERVED CLIENTS IN AREAS INCLUDING LONG ISLAND, NEW YORK CITY, MANHATTAN, QUEENS, BROOKLYN, BRONX, WHITE PLAINS, MINEOLA, HEMPSTEAD, LEVITTOWN, MASSAPEQUA, BETHPAGE, SYOSSET, OYSTER BAY, GLEN COVE, PORT WASHINGTON, MANHASSET, GREAT NECK, WOODMERE, VALLEY STREAM, ELMONT, FLORAL PARK, FLUSHING, KEW GARDENS AND FOREST HILLS, NEW HYDE PARK, EAST MEADOW, PLAINVIEW, Merrick, Westbury, Long Beach, Oceanside, Franklin Square, Huntington and Rockville Centre.
Attorney Advertising: Information contained in this website may be considered attorney advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
*Certified as an Elder Law Attorney by the National Elder Law Foundation as approved by the American Bar Association. Certification is not required for the practice of law in the State of New York.