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.