Article 17-A Guardianships in New York – A Guide for Families & Caregivers
When a child with intellectual or developmental disabilities (I/DD) turns 18, parents and caregivers lose the legal authority to make decisions on their behalf—even if the child is unable to manage their own affairs.
🚀 Article 17-A Guardianship is a straightforward legal process that allows parents and caregivers to continue protecting their loved ones into adulthood. It is processed through the Surrogate’s Court and grants the guardian authority over medical, financial, and daily care decisions.
At our firm, we help families navigate the Article 17-A process with ease, offering:
✔ Flat Fees for Uncontested Guardianships – No Surprises
✔ Competitive Rates for Contested Cases – Cost-Effective Legal Solutions
✔ Fast, Local Legal Support – Serving Bensonhurst, Gravesend & Brooklyn
✔ Seamless Italian-to-English Translation Services – If Needed
If your loved one needs long-term legal protection, we make the process stress-free and affordable so you can focus on their well-being.
What Is Article 17-A Guardianship?
Article 17-A Guardianship is a court-appointed legal arrangement that allows a parent, guardian, or caregiver to continue making medical, financial, and personal decisions for an adult with intellectual or developmental disabilities.
✔ Filed in Surrogate’s Court, making it a faster and less complex process than other guardianships.
✔ Used when an individual is unable to manage their own affairs due to a lifelong disability.
✔ Provides the guardian with full authority over personal and financial matters.
📌 Fact: Unlike Article 81 Guardianships, which are based on a person’s functional limitations, Article 17-A is based on diagnosis—meaning it applies to individuals who have had a qualifying condition since childhood.
Who Qualifies for an Article 17-A Guardianship?
To be eligible for an Article 17-A Guardianship, the individual must have been diagnosed with:
✔ Intellectual Disability (ID)
✔ Autism Spectrum Disorder (ASD)
✔ Cerebral Palsy (CP)
✔ Epilepsy
✔ Neurological Impairments Affecting Decision-Making
📌 Fact: The disability must have been diagnosed before the age of 22 and must be considered permanent.
What Decisions Can an Article 17-A Guardian Make?
1️⃣ Medical & Health Decisions
✔ Approving or declining medical treatment.
✔ Managing healthcare providers & insurance.
✔ Making emergency medical decisions.
2️⃣ Financial & Legal Decisions
✔ Applying for government benefits (SSI, Medicaid, SNAP).
✔ Managing bank accounts & finances.
✔ Handling legal paperwork & contracts.
3️⃣ Housing & Daily Living
✔ Deciding where the individual will live (with family, group home, independent living).
✔ Making daily care decisions.
📌 Fact: Article 17-A guardianship grants full control, whereas some other types of guardianships are more limited in scope.
Article 17-A Guardianship for a Minor Who Inherits Money
Many people think Article 17-A only applies to adults, but it is also used to protect a minor child who inherits money or assets.
If a minor with a qualifying disability inherits:
✔ Money from a deceased parent or relative
✔ A lawsuit settlement (such as medical malpractice)
✔ A trust or life insurance payout
A court may require an Article 17-A Guardian to manage the funds until the child reaches adulthood.
📌 Fact: If the minor child has a lifelong disability, the guardianship may continue beyond age 18, allowing the guardian to protect both financial assets and medical decisions long-term.
How Does a Guardian Manage a Minor Child’s Inherited Money?
Under Article 17-A Guardianship, the guardian may be responsible for:
✔ Managing bank accounts & investments – Protecting the child’s money from mismanagement or fraud.
✔ Approving necessary expenses – Ensuring funds are used only for the child's benefit (education, medical care, housing, etc.).
✔ Filing reports with the court – Keeping records of how the funds are spent to comply with legal requirements.
✔ Applying for government benefits – Ensuring the inheritance does not disqualify the child from Medicaid or SSI benefits.
📌 Fact: Courts take inheritances for minors very seriously, requiring a responsible guardian to safeguard the child’s financial future.
How to File for an Article 17-A Guardianship
📅 Step 1: File a Petition in Surrogate’s Court
✔ Includes proof of diagnosis & supporting medical evidence.
✔ Must be filed in the county where the individual lives.
📅 Step 2: Obtain Medical & Psychological Evaluations
✔ Two doctors or one doctor and one licensed psychologist must confirm the individual is unable to manage their affairs.
📅 Step 3: Court Review & Hearing
✔ The Surrogate’s Court will review the petition and medical evidence.
✔ If uncontested, a hearing may not be required.
✔ If contested, the judge may schedule a formal hearing.
📌 Fact: Article 17-A guardianships are typically approved quickly, especially if all documents are in order.
🚀 Our firm ensures a smooth, hassle-free filing process—so you get approval as quickly as possible.
Need to Secure Guardianship for a Loved One? Call Us Today!
📞 Call or email us today today to schedule a consultation and start the Article 17-A guardianship process.
✔ Protect your loved one’s future.
✔ Ensure access to medical care & government benefits.
✔ Gain legal authority to continue making important decisions.
🚀 Brooklyn families trust us to handle their guardianship needs efficiently and affordably.
call: 347-692-0222 | email: 7622LAW@gmail.com