Legal Question in Family Law in New York

Guardianship of Disabled Person

I had guardianship of my disabled grandson who has autism and bipolar, since his mother passed away. He was 16 at the time and has recently turned 18.

He was involuntary admitted to a psychiatry emergency room 2 days ago. I am having difficulty getting any information from the hospital. I was unable to visit him at the ER today and havent seen him in over 24 hours. I am not even sure if he was transferred to another facility, according to whomever picked up the patient phone, he had already left. The ER he was in was so crowded that there is a lack of beds. Patients had to sleep on couches while waiting hours to see a psychiatrist. There was even a lack of proper seating for the patients alone, let alone their families. All I want to do at this point is to bring my grandson some change of clothes to where ever he is.

He is not in the right state of mind to make any medical decision on his own. I would like to know to what age do I have guardianship until, 18 or 21? I have been told both ages due to him being disabled. The paper from the court does not give a date or age until I am no longer his guardian. Would I have to return to Family Court to get guardianship of my grandson?


Asked on 2/13/08, 10:49 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Guardianship of Disabled Person

If he is 18 then he is an incapacitated adult. You would have to make application to the Supreme Court under Article 81 of the Mental Hygene Law to be appointed his personal needs and property management guardian.

Mike.

Read more
Answered on 2/14/08, 9:42 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York