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Guardianship
When a person meets the statutory definition of mentally retarded or developmentally disabled, that person may be the subject of a 17A Guardianship proceeding.
The majority of people with mental retardation and related developmental disabilities can manage their own affairs with informal assistance and guidance from others, such as family and friends. If guardianship is necessary, it should be tailored to a person’s needs. It must be adequately monitored to ensure that the best interests of the individual are protected.
There are less restrictive ways to serve a person with developmental disabilities. Available supports, entitlements and resources in the community may eliminate the need for the appointment of a guardian. Future Care Planning Services helps families evaluate all alternatives to determine the appropriate needs of the individual with mental retardation and/or developmental disabilities.
Alternatives to guardianship include:
- Advanced Medical Directives
- Health Care Proxy
- Living Will
- Personal Caregiver
- Power of Attorney
- Supplemental Needs Trust (for guardian of the property only)
- Surrogate Decision-Making
- Representative Payee
- Service Coordination
An Article 17A Guardianship is a legal proceeding that takes place in the Surrogate's court of the county in which the person with MR/DD resides. The court can designate a parent, sibling, other relative, friend or an organization to act on behalf of the individual.
Before the court will appoint a guardian, it must be satisfied that the guardianship is necessary and that it is in the best interest of the person with mental retardation and/or developmental disabilities.
Future Care Planning Services can help families determine if guardianship is an appropriate course of action and, if so, can assist families in the legal process.
What are the responsibilities of a 17A Guardian?
A guardian is involved in the active, continuous, life-long relationship of trust with the individual.
A guardian has the legal responsibility to advocate in assisting the individual at key decision points, in the same manner as would an ethical, competent, caring parent and family member.
A guardian offers assistance and intervention as needed, based on the individual's capacity, while ensuring the individual has every opportunity to retain and exercise individual rights to the extent possible.
A guardian works to strengthen the individual's capacity for independent decision-making by promoting self-reliance, participation to the maximum extent of his or her abilities in all decisions pertaining to the individual and autonomy.
A guardian places the welfare of the individual over the welfare of any service provider.
A guardian has the responsibility to understand and advocate for person-centered planning and least restrictive alternative regarding the individual's rights and abilities to control his or her environment.
A guardian should be guided by the wishes and preferences of the the person for whom he or she is acting, to the greatest extent possible.
If the person's prior or current wishes are unknown, unclear or would cause substantial harm to the individual, the guardian must act in the best interest of the individual.
A guardian has a responsibility to promote and monitor the individual's health and well-being and to ensure that all necessary medical, mental and dental care for the individual is appropriately provided.
A guardian has the responsibility to see that a financial plan is in place for the individual's life and death.
NYSARC Inc.
“FCPS was very thorough. We were very pleased with the comprehensive program and with their guidance. It was very comforting that they helped us with the guardianship and guided us through the process of applying for Social Security benefits.”
—The Kelly family
