What type of guardianship is best for a special needs child?
When considering guardianship for a special needs child in New York, it is important to find the type of guardianship that is best for the child. While it is ultimately decided by the court, there are a few different types of guardianship that can be considered. The first type is limited guardianship. This type of guardianship gives the guardian specific decision making authority related to the child’s care and education, while the child’s parents maintain control over other decisions. The second type is plenary guardianship. This form of guardianship gives the guardian the power to make decisions related to the special needs child’s life, including medical, educational, and financial decisions. It is also important to consider the type of guardians that should be appointed. A legal guardian of the person, also known as a conservator, is an individual or institution appointed to exercise certain legal rights and responsibilities on behalf of the special needs child. A guardian of property is a person or institution designated to manage and/or protect the protected person’s financial resources. In many cases, the court will decide which type of guardianship is in the best interests of the child. The type of guardianship that is chosen should be based initially on what is best for the special needs child, not what is most convenient for the parents. It may be necessary to consult with legal counsel in order to make the best decision.
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