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Planning for a safe future, without taking away a voice

Guardianship is a serious legal step. We help families understand it and find the right level of support.

Many families only learn about guardianship when a school, hospital or bank asks who is allowed to decide. ASHO helps you step back from the pressure, see the full range of options and choose what protects your family member while respecting their independence.

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A mother and her son resting foreheads together, smiling

At 18, parents no longer have automatic legal authority. Plan before the birthday.

Your Options

From least to most restrictive

New York law favours the least restrictive arrangement that keeps a person safe. Start at the top and move down only if you need to.

  1. Option 1

    Supported decision-making

    Mental Hygiene Law, Article 82

    The person keeps making their own decisions with trusted supporters who help them understand choices. No court is involved.

  2. Option 2

    Health care proxy and power of attorney

    Signed by the person while they have capacity

    The person names someone they trust to speak for them on health or financial matters if they need it.

  3. Option 3

    Special needs trust and representative payee

    Money and benefits planning

    Protects eligibility for SSI and Medicaid and lets a trusted person manage funds without taking over every decision.

  4. Option 4

    Article 81 guardianship

    Mental Hygiene Law, Supreme Court

    Based on what the person can and cannot do. A judge grants only the powers that are needed, so it can be tailored and reviewed.

  5. Option 5

    Article 17-A guardianship

    Surrogate's Court Procedure Act

    For people with an intellectual or developmental disability. Relies on a physician and psychologist certifying the disability, and usually gives broad authority.

How We Work

Our commitments to your family

  • Rights first

    The person's voice, preferences and dignity stay at the centre of every decision.

  • Least restrictive

    We always explore alternatives before guardianship is considered.

  • Clear and honest

    We explain the trade-offs, including what a guardianship takes away.

The Process

What the journey looks like

You will not be handed a stack of forms and left to it.

  1. Talk it through

    We listen to your concerns, explain every option in plain language and look at whether a less restrictive arrangement could work first.

  2. Gather records

    Medical and psychological records, school and benefit documents and a list of the person's daily needs. We help you know what is required and where to request it.

    17-A needs a physician and a psychologist

  3. Consult an attorney

    Guardianship is a legal proceeding. We refer you to experienced New York attorneys and legal services so you get advice that fits your family.

  4. File and attend the hearing

    A petition goes to the right court. The person is notified and their views are heard. We explain what to expect and how to prepare.

  5. After the appointment

    A guardian has ongoing duties and reporting obligations. We connect you to resources and, over time, to a review of whether the arrangement still fits.

FAQ

Questions about guardianship

Do we need guardianship when our child turns 18?

Not automatically. At 18 parents no longer have automatic legal authority, but many families can start with less restrictive tools: supported decision-making, a health care proxy, a power of attorney or a special needs trust. Whether guardianship is needed depends on the person's abilities and needs, so talk to us and an attorney before the birthday.

What is the difference between Article 81 and Article 17-A?

Article 81 guardianship (Mental Hygiene Law) is based on what the person can and cannot do, and a judge grants only the powers that are needed. Article 17-A guardianship (Surrogate's Court Procedure Act) is for people with an intellectual or developmental disability, relies on a physician and psychologist certifying the disability, and usually gives broad authority.

Can a guardianship be ended or changed?

In many cases the court can review and change a guardianship. How that works depends on the type of guardianship, so we refer you to an attorney who can advise on your situation.

Does guardianship affect SSI or Medicaid?

Eligibility for SSI and Medicaid depends on income and resources. Tools such as a special needs trust and a representative payee are designed to protect it, and we help you plan before any money or assets change hands.

Can ASHO act as a legal advisor?

No. ASHO is not a law firm and cannot give legal advice. We explain the options in plain language and refer you to experienced New York attorneys and legal services.