Guardianship can be obtained at any age, but preferably before
your child reaches age 18.
What is guardianship?
Guardianship is the establishment of substitute decision making for personal care and/or property through a legal proceeding for those individuals determined to be incapable of managing their own affairs.
There are several types
of Guardians:
•Primary Guardianship
The Primary Guardian is the court appointed person who is legally responsible to manage the personal affairs of the individual who is developmentally disabled.•Standby Guardianship
The Standby Guardian is the person appointed to serve when the Primary Guardian is not available to make decisions.•Alternate Standby
An Alternate Standby should be appointed to serve in the event the Standby Guardian is not available.
Frequently asked questions
Q Who can act as legal guardian?
A Anyone - although usually a parent, sibling or other relative. The most important quality is to have the best interest of the person at heart.
Q What is the procedure for applying for guardianship?
A You may contact the ARC of Oswego County's Guardianship Coordinator who will assist families of interested parties.
Q Do I need an attorney?
A No. You may apply for guardianship without an attorney. Some families do choose to hire one.
Q What are the duties of a guardian?
A The guardian has the legal authority to make decisions on behalf of a person with a developmental disability. Guardianship is best perceived as a "partnership" between the guardian and the guardianee.
