If you are the parent, grandparent or caregiver of a child with an intellectual or developmental disability, the child’s 18th birthday may bring a mixture of pride and uncertainty. One of the biggest questions families often have is, “What happens when my child legally becomes an adult, but still needs my help making important decisions?”
In New York, parents do not automatically continue to have legal authority over their children after they turn 18. This can come as a surprise, particularly when a young adult has relied heavily on a parent or caregiver throughout childhood.
For some families, an Article 17-A guardianship may provide a way for a parent, grandparent, sibling or other trusted person to continue assisting an adult with an intellectual or developmental disability who is unable to make certain decisions independently.
Article 17-A guardianships are governed by the New York Surrogate’s Court Procedure Act and are different from other forms of adult guardianship available in New York. Understanding how the process works and what guardianship does and does not accomplish can help families plan for the transition to adulthood.
Here are five important things New York families should know:
Turning 18 changes a parent’s legal authority
Under New York law, a child generally becomes a legal adult at age 18. That legal change occurs regardless of whether the child has a disability or continues to depend upon a parent for significant assistance.
Until age 18, parents generally have the legal authority to make many decisions for their minor children. Once the child becomes an adult, that authority does not automatically continue.
For example, a parent may encounter difficulty obtaining medical information, consenting to certain medical treatment, communicating with service providers or making other important decisions on the adult child’s behalf. A doctor’s office, hospital, financial institution or government agency may require proof that the parent has legal authority to act.
This can be particularly difficult for families whose day-to-day lives have not changed at all. A parent may still schedule every doctor’s appointment, coordinate services, manage medications and provide virtually all of the child’s care, yet the parent’s legal status changes when the child reaches adulthood.
In most cases, the continuation of a parent assisting a child with medical and/or financial matters can be accomplished by having the child sign a Health Care Proxy (for medical decision making) and a Power of Attorney (for financial decision making).
However, when an individual is unable execute the above stated legal documents and make important decisions independently because of an intellectual or developmental disability, an Article 17-A guardianship may be one option for establishing legal decision-making authority.
Families should not necessarily wait until a crisis occurs to begin thinking about this issue. Planning before the child’s 18th birthday provides time to determine whether guardianship is appropriate, consider alternatives and, when appropriate, prepare the necessary court documents.
Although an Article 17-A proceeding may be commenced after an individual reaches adulthood, families often begin discussing the process several months before the 18th birthday so that they can minimize potential disruptions in care and decision-making.
Guardianship can involve personal decisions, financial decisions or both
Not every person who needs assistance needs the same type of assistance. While a 17-A Guardianship is often not specifically tailored, it does distinguish between a “Guardian of the Person” and a “Guardian of the Property.”
A Guardian of the Person is generally responsible for decisions concerning the individual’s personal welfare. Depending upon the court’s order and applicable law, this can involve matters relating to healthcare, medical treatment, living arrangements, education and services, among other personal needs.
A Guardian of the Property generally has responsibility for property or financial assets belonging to the individual. The guardian may be responsible for protecting assets, paying appropriate expenses, maintaining records and otherwise managing property for the individual’s benefit.
A court may appoint a Guardian of the Person, a Guardian of the Property, or both, depending upon the circumstances and the relief requested in the guardianship proceeding.
Families should also remember that guardianship does not mean that the person with a disability should be excluded from decisions about their own life. To the extent possible, the individual’s wishes, preferences, abilities and level of understanding should remain an important part of the decision-making process.
A Guardian of the Property has serious financial responsibilities
Being appointed Guardian of the Property is not the same as simply helping an adult child with a checking account. A property guardian is a fiduciary. In simple terms, this means that the guardian is legally obligated to handle the individual’s money and property carefully and solely for that individual’s benefit.
In New York, the Guardianship account is also held in joint control with the Surrogate’s Court of the County where the proceeding is commenced. It is imperative that the guardian keep the individual’s assets separate from the guardian’s own assets, maintain appropriate records and be able to explain how money was received and spent in an annual accounting to the Surrogate’s Court. Specific authority is required to make any distributions from the Guardianship account, unless a budget or order from the Court is issued allowing the Guardian to use discretion.
This oversight is designed to protect the person with a disability and ensure that the individual’s property continues to be used appropriately. Furthermore, depending on the value of the Guardianship funds, it is sometimes necessary for a Trust, called a First-Party Supplemental Needs Trust to be created by the Guardians, subject to Court approval, in order to ensure any funds in the disabled persons name do not disqualify them for government benefits.
Guardianship and a Special Needs Trust can work together
One common misconception is that an Article 17-A guardianship and a Special Needs Trust (SNT) accomplish the same thing. They do not.
They solve different problems and are often used together as part of a broader special needs plan. A guardianship addresses who has legal authority to make certain decisions for an individual who cannot make those decisions independently.
A Special Needs Trust addresses how assets are owned, managed and used for the benefit of a person with a disability. A best case scenario may be where no funds are ever given to the disabled person or left to them individually, but instead left to a Third-Party Supplemental Needs Trust, for the benefit of the disabled party. This can eliminate the need for a Guardian of the Property.
Properly structured Supplemental Needs Trusts can allow assets to be used to enhance an individual’s quality of life while helping preserve eligibility for certain means-tested government benefits, such as Medicaid or Supplemental Security Income (SSI).
Depending upon the terms of the trust and applicable benefit rules, trust assets may help pay for supplemental goods and services that public benefits do not fully provide. These might include certain therapies, education, technology, recreation, transportation, personal items and other quality-of-life expenses.
Supplemental Needs Trust planning can become especially important when parents and grandparents are considering leaving an inheritance to a person with a disability.
Simply leaving substantial assets outright to a beneficiary receiving means-tested benefits such as Medicaid benefits can create unintended consequences. Instead, a properly drafted Third Party Supplemental Needs Trust may provide a mechanism for holding and managing those assets for the beneficiary.
Obtaining an Article 17-A guardianship can be an important step for some New York families, but it should not necessarily be viewed in isolation, the decisions of others and how they distribute their own assets can affect the disabled person and their future eligibility for government benefits. As such, while these conversations can be difficult, planning in advance can provide a much clearer structure for the individual’s future and ensure that goals are met.
Lauren C. Enea, Esq. is a Partner at Enea, Scanlan & Sirignano, LLP. She concentrates her practice on Wills, Trusts and Estates, Medicaid Planning, Special Needs Planning and Probate/Estate Administration. She believes that it is never too early or too late to start planning for your future and she enjoys working with individuals to ensure that their plan best suits their needs. Ms. Enea received a B.S. in Business Management from Quinnipiac University graduating Magna Cum Laude and a J.D. from the Pace University School of Law graduating Summa Cum Laude. She is admitted to practice law in New York and Florida. She can be contacted at 914-948-1500 or www.esslawfirm.com and she has offices in both White Plains and Somers, New York.
Lauren C. Enea, Esq. is a Partner at Enea, Scanlan & Sirignano, LLP. She concentrates her practice on Wills, Trusts and Estates, Medicaid Planning, Special Needs Planning and Probate/Estate Administration. She believes that it is never too early or too late to start planning for your future and she enjoys working with individuals to ensure that their plan best suits their needs. Ms. Enea received a B.S. in Business Management from Quinnipiac University graduating Magna Cum Laude and a J.D. from the Pace University School of Law graduating Summa Cum Laude. She is admitted to practice law in New York and Florida. She can be contacted at 914-948-1500 or www.esslawfirm.com and she has offices in both White Plains and Somers, New York.
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15 Oct 2026
0 Comments5 things to know about 17-A guardianships in ny
If you are the parent, grandparent or caregiver of a child with an intellectual or developmental disability, the child’s 18th birthday may bring a mixture of pride and uncertainty. One of the biggest questions families often have is, “What happens when my child legally becomes an adult, but still needs my help making important decisions?”
In New York, parents do not automatically continue to have legal authority over their children after they turn 18. This can come as a surprise, particularly when a young adult has relied heavily on a parent or caregiver throughout childhood.
For some families, an Article 17-A guardianship may provide a way for a parent, grandparent, sibling or other trusted person to continue assisting an adult with an intellectual or developmental disability who is unable to make certain decisions independently.
Article 17-A guardianships are governed by the New York Surrogate’s Court Procedure Act and are different from other forms of adult guardianship available in New York. Understanding how the process works and what guardianship does and does not accomplish can help families plan for the transition to adulthood.
Here are five important things New York families should know:
Under New York law, a child generally becomes a legal adult at age 18. That legal change occurs regardless of whether the child has a disability or continues to depend upon a parent for significant assistance.
Until age 18, parents generally have the legal authority to make many decisions for their minor children. Once the child becomes an adult, that authority does not automatically continue.
For example, a parent may encounter difficulty obtaining medical information, consenting to certain medical treatment, communicating with service providers or making other important decisions on the adult child’s behalf. A doctor’s office, hospital, financial institution or government agency may require proof that the parent has legal authority to act.
This can be particularly difficult for families whose day-to-day lives have not changed at all. A parent may still schedule every doctor’s appointment, coordinate services, manage medications and provide virtually all of the child’s care, yet the parent’s legal status changes when the child reaches adulthood.
In most cases, the continuation of a parent assisting a child with medical and/or financial matters can be accomplished by having the child sign a Health Care Proxy (for medical decision making) and a Power of Attorney (for financial decision making).
However, when an individual is unable execute the above stated legal documents and make important decisions independently because of an intellectual or developmental disability, an Article 17-A guardianship may be one option for establishing legal decision-making authority.
Families should not necessarily wait until a crisis occurs to begin thinking about this issue. Planning before the child’s 18th birthday provides time to determine whether guardianship is appropriate, consider alternatives and, when appropriate, prepare the necessary court documents.
Although an Article 17-A proceeding may be commenced after an individual reaches adulthood, families often begin discussing the process several months before the 18th birthday so that they can minimize potential disruptions in care and decision-making.
Not every person who needs assistance needs the same type of assistance. While a 17-A Guardianship is often not specifically tailored, it does distinguish between a “Guardian of the Person” and a “Guardian of the Property.”
A Guardian of the Person is generally responsible for decisions concerning the individual’s personal welfare. Depending upon the court’s order and applicable law, this can involve matters relating to healthcare, medical treatment, living arrangements, education and services, among other personal needs.
A Guardian of the Property generally has responsibility for property or financial assets belonging to the individual. The guardian may be responsible for protecting assets, paying appropriate expenses, maintaining records and otherwise managing property for the individual’s benefit.
A court may appoint a Guardian of the Person, a Guardian of the Property, or both, depending upon the circumstances and the relief requested in the guardianship proceeding.
Families should also remember that guardianship does not mean that the person with a disability should be excluded from decisions about their own life. To the extent possible, the individual’s wishes, preferences, abilities and level of understanding should remain an important part of the decision-making process.
Being appointed Guardian of the Property is not the same as simply helping an adult child with a checking account. A property guardian is a fiduciary. In simple terms, this means that the guardian is legally obligated to handle the individual’s money and property carefully and solely for that individual’s benefit.
In New York, the Guardianship account is also held in joint control with the Surrogate’s Court of the County where the proceeding is commenced. It is imperative that the guardian keep the individual’s assets separate from the guardian’s own assets, maintain appropriate records and be able to explain how money was received and spent in an annual accounting to the Surrogate’s Court. Specific authority is required to make any distributions from the Guardianship account, unless a budget or order from the Court is issued allowing the Guardian to use discretion.
This oversight is designed to protect the person with a disability and ensure that the individual’s property continues to be used appropriately. Furthermore, depending on the value of the Guardianship funds, it is sometimes necessary for a Trust, called a First-Party Supplemental Needs Trust to be created by the Guardians, subject to Court approval, in order to ensure any funds in the disabled persons name do not disqualify them for government benefits.
One common misconception is that an Article 17-A guardianship and a Special Needs Trust (SNT) accomplish the same thing. They do not.
They solve different problems and are often used together as part of a broader special needs plan. A guardianship addresses who has legal authority to make certain decisions for an individual who cannot make those decisions independently.
A Special Needs Trust addresses how assets are owned, managed and used for the benefit of a person with a disability. A best case scenario may be where no funds are ever given to the disabled person or left to them individually, but instead left to a Third-Party Supplemental Needs Trust, for the benefit of the disabled party. This can eliminate the need for a Guardian of the Property.
Properly structured Supplemental Needs Trusts can allow assets to be used to enhance an individual’s quality of life while helping preserve eligibility for certain means-tested government benefits, such as Medicaid or Supplemental Security Income (SSI).
Depending upon the terms of the trust and applicable benefit rules, trust assets may help pay for supplemental goods and services that public benefits do not fully provide. These might include certain therapies, education, technology, recreation, transportation, personal items and other quality-of-life expenses.
Supplemental Needs Trust planning can become especially important when parents and grandparents are considering leaving an inheritance to a person with a disability.
Simply leaving substantial assets outright to a beneficiary receiving means-tested benefits such as Medicaid benefits can create unintended consequences. Instead, a properly drafted Third Party Supplemental Needs Trust may provide a mechanism for holding and managing those assets for the beneficiary.
Obtaining an Article 17-A guardianship can be an important step for some New York families, but it should not necessarily be viewed in isolation, the decisions of others and how they distribute their own assets can affect the disabled person and their future eligibility for government benefits. As such, while these conversations can be difficult, planning in advance can provide a much clearer structure for the individual’s future and ensure that goals are met.