Legal Question in Family Law in New York

Re: Disabled Adult Guardianship

You may file a Petition in either NY State Supreme Court or in Surrogate's Court for Guardianship of your stepson (under Mental Hygiene Law Article 81; EPTL and Surrogate's Court Procedure's Act), if your stepson is mentally or physically disabled.

Although, your Plan (or an alumae Plan) may have an "add on" policy that you can purchase, {at a good rate),even a Court's declaring your stepson a person in need of "supervision" or help in caring for himself, and you a Guardian, does Not "infantilize him" for purposes of health insurance coverage under your employee policy.

A Court Order Adjudging you and your spouse Guardians of your disabled stepson, may support Your INS Petition, on his behalf, to remain here, since he is not independently able to support and care for himself.

But, you must carefully frame the INS Petition and supporting documents, in order to avoid the potential pitfall of INS declaring him ineligible to stay, BECAUSE, of his disability, which INS can do, w/o violating "due process" or civil right laws, under Federal Immigration Laws.

Please consult an attorney or attorneys before proceeding. Your questions cover more than one area of practice and are more complicated that this response might indicate.

Good luck,

Phroska L. McAlister,ESQ