Guardianship & Trusts
What is Guardianship?
In New York State, when a person becomes 18 years old, they are assumed to be legally competent to make decisions for themselves. This means no other person is allowed to make a personal, medical or financial decision for that individual. If a person is "intellectually disabled or developmentally disabled," has difficulty making decisions for themselves and is over 18 years old, you can ask the Surrogate's Court to appoint a guardian for him or her. At age 17 an application for guardianship can be submitted.
What is a Supplemental Needs Trust?
Supplemental Needs Trust provides a way for individuals with disabilities to have assets without disqualifying them from receiving benefits such as SSI and Medicaid.