Westchester County Elder Law Attorney Lauren C. Enea Explains Article 17-A Guardianships for Individuals with Disabilities

WESTCHESTER COUNTY, N.Y. / ACCESS Newswire / October 26, 2026 /When a child with an intellectual or developmental disability turns 18, parents may be surprised to learn that their legal authority to make decisions on the child 's behalf does not automatically continue into adulthood. According to elder law attorney Lauren C. Enea, partner at Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y., an Article 17-A guardianship may be an option for families whose adult children cannot make certain decisions independently.

"Understanding how the process works and what guardianship does and does not accomplish can help families plan for the transition to adulthood, " said Ms. Enea, whose practice includes special needs planning; wills, trusts and estates; Medicaid planning; and probate/estate administration.

Under New York law, an Article 17-A guardianship may allow a parent, grandparent, sibling or other trusted person to serve as guardian for an adult with an intellectual or developmental disability who meets the applicable legal requirements. A court may appoint a Guardian of the Person, responsible for decisions concerning personal welfare, or a Guardian of the Property, responsible for managing the individual 's financial assets. Depending on the circumstances, both appointments may be appropriate.

Guardianship is not necessary for every family. When an individual has the capacity to execute the appropriate legal documents, a health care proxy and power of attorney may provide alternatives for medical and financial decision making. Families should also consider how guardianship fits into a broader special needs and estate plan.

"One common misconception is that an Article 17-A guardianship and a Special Needs Trust accomplish the same thing. They do not, " explained Ms. Enea. "A guardianship addresses who has legal authority to make certain decisions for an individual who cannot make those decisions independently. A Special Needs Trust addresses how assets are owned, managed and used for the benefit of a person with a disability. "

Properly structured Supplemental Needs Trusts, also commonly called Special Needs Trusts, can help preserve eligibility for certain means-tested government benefits, including Medicaid and Supplemental Security Income (SSI), while allowing assets to supplement an individual 's quality of life. A Third-Party Supplemental Needs Trust may allow parents and grandparents to leave assets for a loved one with a disability without transferring those assets directly to the beneficiary. Depending on the circumstances, this approach may also help avoid the need for a Guardian of the Property.

Ms. Enea emphasizes that guardianship should be considered alongside inheritance and trust planning, since assets left directly to a person receiving means-tested benefits may affect eligibility. Coordinating these elements can help families protect their loved one 's financial security and plan for future needs.

Families are encouraged to begin exploring their options before a child 's 18th birthday, allowing time to consider alternatives, determine whether guardianship is appropriate and prepare any necessary court documents.

Enea, Scanlan & Sirignano, LLP is located at 245 Main Street, Suite 500 in White Plains and 339 Route 202, Suite 100 in Somers. For more information or to schedule a consultation, call 914-948-1500 or visit www.esslawfirm.com.

About Enea, Scanlan & Sirignano, LLP
Enea, Scanlan & Sirignano, LLP is an AV preeminent rated elder law firm with offices in White Plains and Somers, N.Y. The practice concentrates on Elder Law; Medicaid Planning; Nursing Home and Home Care Applications; Estate Tax Planning; Wills, Trusts and Estates; Guardianships; Estate Litigation; Supplemental Needs Trusts; and Special Needs Planning. Enea, Scanlan & Sirignano, LLP serves Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens and is committed to providing the highest quality legal services to seniors, the disabled and their families. Visit the firm online at www.esslawfirm.com.

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SOURCE: Enea, Scanlan & Sirignano, LLP

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