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Some special needs cases are so severe that guardianship before or after the person turns eighteen needs consideration. If it seems that the child will not make their own legal and medical decisions, you should commence guardianship proceedings as soon as possible if they are warranted. Guardianship should only be employed when you believe you can prove by clear and convincing evidence that the person’s disability will substantially impair their ability to make decisions.

Understanding the Value of a New York Guardianship Designation

It is vital to establish a New York guardianship designation in your estate plan in the unfortunate event that both parents become unable to care for the person with special needs (possibly due to the parents’ age or the parents’ death). The best case is for an adult sibling or close family member to be the guardian for the adult with special needs. If a family member is not an option, then a close friend may be the way to go. Even though these are commonly considered the best options, a public agency or not-for-profit may become guardians as an alternative. The guardian is someone who agrees to take on the responsibility for the ward’s person or both the person and the property in New York.

Planning for guardianship in New York is the best thing to do for an adult with special needs so that the best interests of the alleged incapacitated person (AIP) are protected. If parents die or can no longer continue guardian roles, having a family member or friend can help create a smoother transition for the adult with special needs through what is already a tumultuous time. An experienced New York City and Brooklyn special needs planning attorney can draft these documents and commence legal action to enable a parent to assist with some decisions and access medical records.

Your Russian Speaking Special Needs Planning Attorney in Brooklyn, NY, and New York City

The Law Offices of Vlad Portnoy P.C. has many years of experience with New York Special Needs Law issues. Whether you need to set up a special needs trust, appoint a trusted guardian, or get the most out of government aid programs, our New York City special needs planning lawyers can help you, your loved one, and the Russian community make the right choices for your loved one’s well-being.

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