Legal Question in Family Law in New York

Re: Guardianship of autistic adult

The most important task facing you and your parents is the investigation of the 'group home'. Many are great, but there are some that are exploitive. Not many, but this is a time to avoid merely 'playing the percentages'. This is not roulette.

The state government regulates such homes and they have copious information on each legal home.

They are also rated by the trade association. Make sure you interview 3-4 parent/guardians of current and past enrollees.

That being said, the home will gain custodianship through a petition for guardianship. The petition will be made by the home on behalf of the 'incapacitated person' (the NY legal term for the person whose guardianship will be transferred or created) and a statement will be submitted by the current legal custodian (your parents).

THE COURT WILL INVESTIGATE OR QUESTION NOTHING. The court will only determine if the documents are properly prepared. That is all. Do not rely on the court for any assistance or support. There are other government agencies (see above) to help you.

The documents for an article 70 proceeding are simple and the home will likely perform this clerical function capably.

LOOK INTO THE STATUS OF ANY POSSIBLE FINANCIAL ASSETS OF YOUR BROTHER - CURRENT OR FUTURE INHERITANCE. The guardian will control such assets unless other arrangements are made. This is in the realm of 'financial planning' for your parents. A 'trust' is simple to set up and can give you or any other named trustee control of his finances. This is recommended.

You are welcome to meet with me for a free consultation.