Is 17-A Guardianship Right for Your Child or Loved One?
When a child turns 18, the law automatically assumes they can make their own medical, personal, and financial decisions. For some young adults with intellectual or developmental disabilities, that assumption doesn’t always match reality.
Parents are often surprised to learn that once their child is legally an adult, doctors, hospitals, schools, and service providers may no longer recognize their authority, unless there is formal documentation in place. This can delay or even block access to important care.
Article 17-A guardianship is one option that allows parents or caregivers to continue making necessary decisions for an adult child who cannot safely or independently do so. It not only gives you the ability to guide medical and personal matters, but it also provides long-term security. By naming a guardian, and a standby or successor guardian, you establish a legal safety net to ensure your child will have trusted decision-makers in place throughout their life, including after you are no longer able to advocate for them.
What Will the Court Consider?
The central question for the Surrogate’s Court is whether your child has the capacity to make informed decisions. The judge will assess your child’s abilities in practical, everyday areas of life. They often consider whether your child can:
Travel independently
Handle money or make change in a store
Take medication without supervision
Attend and participate in doctor’s appointments on their own
Understand basic time
Obtain a driver’s license
Maintain employment
Enter into relationships or marriage
Prepare simple meals or manage daily living tasks
The fewer of these tasks your child can manage on their independently, the more likely it is that 17-A guardianship will be appropriate and granted by the court.
What If My Child Is Higher-Functioning?
Guardianship is not appropriate for everyone. If your child can handle many of these tasks with limited support, or if they only need help in certain areas, there are alternatives to full guardianship.
Options like advance directives, including a power of attorney and health care proxy, and Supported Decision-Making can provide structure and protection while still encouraging independence.
Final Thoughts
Ultimately, 17-A guardianship is appropriate when the court sees clear evidence that your child cannot independently manage essential daily personal, medical, or financial decisions. If documentation and practical observations show significant limitations, the court is likely to appoint a guardian.
When a child demonstrates stronger decision-making abilities, even with support, the court may find that less restrictive options, such as advance directives or Supported Decision-Making, better fit their needs.
