Establishing an Article 17-A guardianship and the Supplemental Needs Trust (SNT)
If your child with developmental or intellectual disabilities is approaching 18, consider applying to the court to be appointed as an Article 17-A guardian.??
Once they turn 18 and are legally recognized as an adult, parents or guardians no longer have automatic authority to make legal or financial decisions on their behalf, even if they are the primary caregivers. The Court must appoint a guardian for that disabled adult. This type of guardianship is also used for persons who become incompetent later in life and can not take care of their health or finances.
An Article 17-A guardian, appointed by the Surrogate Court, can help protect the interests of an adult with disabilities and make necessary decisions for them.?A guardian can be a guardian of the person, or of the property, or both the person and the property. If the person has no assets, then only a guardian of the person needs to be appointed.??
The process to appoint an Article 17-A guardian can take several months and involves obtaining certifications from two doctors and submitting signed affidavits. Given the complexity of the paperwork, it's crucial to start the process early.
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As part of planning for an incapacitated person - whether they are an adult or a child -? you should consider establishing a Supplemental Needs Trust (SNT) for that individual. In New York, an SNT is used to manage and protect assets for an adult who is deemed incompetent. The trust helps maintain the individual’s eligibility for public benefits like SSI and Medicaid by keeping assets out of their name.?
The trustee manages the trust funds and can use them to cover supplemental needs not provided by government programs, such as personal care, education or recreational activities. An SNT ensures that the individual’s quality of life is enhanced without jeopardizing their access to essential benefits. Generally, this can be done without Court intervention, while you can appoint the trustee and dictate how the assets are preserved.??
You can also create an SNT in your will. What happens if your heirs are incompetent (or are just on Medicaid) when they inherit? If they inherit assets directly, they could lose significant governmental benefits. A carefully crafted estate plan can prevent that loss. The right questions must be asked before drafting the plan so your heirs are not affected by unintended consequences.??
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