GUARDIANSHIP AND CONSERVATORSHIP
When an individual reaches the age of 18, that person is seen by the government and legal system as capable of managing his or her affairs including making decisions about all aspects of life. When a person has a developmental disability, he or she may need assistance in making decisions, working with income and finances and more. There is a legal process by which a parent, sibling or friend can be appointed as guardian to assist the individual with decisions and other life activities. The process also allows appointment of stand-by guardians to assume the guardian position when the current guardian is no longer able to provide the assistance needed.
The points to be aware of in regard to guardianship are:
·Guardians are appointed for individuals who are developmentally disabled over the age of 18 who are incapable of managing themselves or their affairs.
·Parents require a court appointment as a guardian to continue to exercise legal control over an adult child who reaches age 18.
·Parents who reside in OrangeCounty must petition the County Surrogate Court.
·The petition can and should name an alternate or standby guardian. The standby guardian can assume the guardianship duties upon the death or inability of the guardians.
·Depending upon the circumstances, a hearing may be held. Parents may initiate this process on their own by contactingOrange County Surrogate Court located at 30 Park Place in Goshen, NY. Telephone (845) 291-2193.
Assistance in filling out applications for Article 17A Guardianship can be received at CAPIS, (845) 294-7411 ext. 253
The points to be aware of in regard to Conservatorship are:
·Conservators are appointed for individuals over the age of 18 who are unable to manage their finances.
·Conservators manage the property of the conservatee. They do not have the authority to make medical decisions.
·The parent or another party must petition the CountySupreme Court (845) 294-5151 for the appointment of a conservator.
·A hearing is required.
NYSARC, Inc. (formerly The New York State Association for Retarded Children) through its chaptersoffers a unique, lifetime commitment to parents and relatives of individuals who have a developmental disability. It has a guardianship program that offers guardianship of the person for families who apply and list NYSARC, Inc. as the last alternate stand-by guardians. For further information contact: (845) 561-0670.
An easy-to-read booklet about planning for the future of individuals with developmental disabilities, contact Developmental Disabilities Planning Council at
1-800-395-3372.