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?

A supplemental needs trust (SNT)—also called a special needs trust—is a legal arrangement designed to hold money or assets for a person with a disability so they can receive additional financial support without losing eligibility for government benefits such as SSI or Medicaid. The trust is managed by a trustee, who controls the funds and pays directly for supplemental expenses that public assistance does not cover, such as education, recreation, travel, personal care, and certain medical or home-care services. To protect eligibility for benefits, the trustee must avoid giving the beneficiary cash or paying for basic maintenance costs like food and shelter, which SSI or Medicaid are intended to cover. An SNT may be established either by a third party (such as a parent) or by the individual with a disability, and its structure ensures that the beneficiary’s assets are preserved while public benefits remain intact.