Legal Guardianship For Disabled Or Special Needs Children In New York

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Legal Guardianship for Disabled or Special Needs Children in New York

Being a parent comes with its own set of challenges and responsibilities, but when you have a disabled or special needs child, those challenges can become even more complex. As parents, ensuring the well-being and future of your child is a top priority, and legal guardianship can play a crucial role in securing their future. At Morgan Legal Group PLLP, we understand the unique needs of families with disabled children and specialize in helping families establish legal guardianship to provide the best possible care and support.

Chapter 1: The Importance of Legal Guardianship

Legal guardianship is a legal relationship that gives a designated person the authority and responsibility to make important decisions on behalf of someone who is unable to make those decisions themselves. For disabled or special needs children, legal guardianship becomes essential once they reach the age of majority (18 years) if they are unable to manage their personal, medical, and financial affairs independently.

Chapter 2: Types of Guardianship

New York offers different types of guardianship:

2.1 Guardian of the Person

A guardian of the person is responsible for making decisions about the child’s living arrangements, education, healthcare, and other personal matters.

2.2 Guardian of the Property

A guardian of the property manages the child’s financial affairs, including managing assets, paying bills, and making investment decisions.

2.3 Limited Guardianship

Limited guardianship grants specific powers to the guardian, often to address certain areas of incapacity while allowing the child to retain decision-making capacity in other areas.

Chapter 3: Eligibility Criteria

To establish guardianship for a disabled child, you need to prove that the child is unable to manage their personal and financial affairs due to a developmental disability or other condition. Medical evaluations and expert testimony may be required to demonstrate incapacity.

Chapter 4: The Guardianship Process

The process to establish guardianship involves several steps:

4.1 Filing Petition

A petition for guardianship is filed in the Surrogate’s Court in the county where the child resides.

4.2 Evaluations and Reports

The court may order evaluations to determine the child’s capacity and the necessity of guardianship.

4.3 Court Hearing

A court hearing is held where evidence is presented to support the need for guardianship.

4.4 Appointment of Guardian

If the court approves, a guardian is appointed, and they assume the responsibilities outlined in the guardianship order.

Chapter 5: How Morgan Legal Group PLLP Can Help

At Morgan Legal Group PLLP, we specialize in assisting families with disabled or special needs children navigate the complex process of establishing legal guardianship. Our experienced attorneys understand the emotional and legal complexities involved and provide expert guidance to ensure the best outcome for your child’s future.


Establishing legal guardianship for a disabled or special needs child in New York is a crucial step to ensure their well-being and future. At Morgan Legal Group PLLP, we are committed to helping families provide the best care and support for their children through expert legal guidance. Contact us to learn more about the guardianship process and how we can assist your family.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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