Guardianship

Am I my child's guardian?
Parents correctly assume that they are the legal guardians for their child, and barring any special circumstances, this is true until that child reaches his 18th birthday. Upon reaching the age of 18, every individual is legally considered to be emancipated, an adult capable of acting in his/her self-interest, regardless of any developmental disability. Parents who feel their child is not capable to provide informed consent are strongly advised to establish legal guardianship when their child reaches 18.

A few facts about Guardianship:

• Guardianship cannot be established in a will. 
• A guardian must be appointed by the Court. 
• A court proceeding must be held in the County Surrogate Court. 
• Although not required by law, most parents or relatives use the services of an attorney to help them obtain guardianship.
• Without a legal guardian, an individual with developmental disabilities may encounter difficulties obtaining medical treatment and /or accessing social services. 
• Additionally, a disabled individual without a guardian will be legally obligated for financial obligations he or she incurs regardless of their ability to pay them.
• Parents, siblings, other family members, or any interested party can be an appropriate and effective guardian for an adult with disabilities. 
• When establishing guardianship, serious thought should be given to consider naming a standby and alternate standby guardian.

The responsibility of a guardian is to ensure that the rights, interests and desires of the adult with developmental disabilities are protected in all aspects of his or her life. The powers, though not specifically enumerated are, at least as broad as those of parents of a minor child. The guardian does not assume any personal financial liability for the adult for whom they are the guardian. 

AHRC Nassau, as a chapter of NYSARC, Inc. has the authority to act as guardian for an adult with developmental disabilities residing in Nassau County. NYSARC, Inc. will consider acting as the guardian only as a last resort, after all other potential guardians for the person have been exhausted. Applicants requesting NYSARC, Inc. to act as guardian, standby or alternate standby guardian are serviced by the Nassau County Chapter. An applicant is expected to be a Life Member of the Chapter and contribute financially to the lifetime costs of providing guardianship oversight. Such contributions may be waived only under certain circumstances.

For further information, consultation, advice or questions, please contact the Nassau AHRC’s Guardianship Coordinator, Eileen Stewart Rooney, at (516) 546-7700 Ext. 4205 or email erooney2@ahrc.org