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.
Supported Decision Making (SDM)
Supported Decision-Making (SDM) helps individuals with intellectual and developmental disabilities make decisions with the support of trusted individuals. It promotes autonomy and self-determination and is a less restrictive alternative to Guardianship.
Source: https://sdmny.org/wp-content/uploads/2023/11/SDM-SDMN-Getting-Started.pdf
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.