Every individual is legally considered to be emancipated when they reach the age of 18 and are recognized as 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.
AHRC Nassau, as a chapter of The Arc New York has the authority to act as guardian for an adult with developmental disabilities residing in Nassau County. The Arc New York will consider acting as the guardian only as a last resort, after all other potential guardians for the person have been exhausted. Applicants requesting The Arc New York to act as guardian, standby or alternate standby guardian are served 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.
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.
Our guardianship program is available to help families apply for guardianship and answer questions concerning the guardianship of loved ones. Families who feel that an individual is not capable to provide informed consent are strongly advised to establish legal guardianship when their child reaches 18. Assistance with obtaining guardianship for a family member with a developmental disability is available, as is assistance with future care planning.
The guardianship process is timely and complicated. We are here to answer questions as well as provide further information, consultation and advice. Please contact our Guardianship Coordinator, Eileen Stewart-Rooney at (516) 546-7700 x4205.