Q: How can I get emergency guardianship of an adult relative with special needs?
I have my niece with autism whom my mother and I had joint guardianship for her until her 18th birthday after her mother passed away in 2007. She lived with my mother in nyc and my mother passed away November 12th 2019. I brought her upstate to reside with me in Rensselaer, since there were no other family members in nyc to look after her. The case manager in Nyc found a residential living facility for my niece to reside in nyc but my niece does not want to go because she understand she doesn't have any support there from family. I tried explaining this to the case manager and she will not release her paperwork so that she can get enrolled into a program up here. I feel like she is trying to persuade my niece to come back to nyc when it should be up to my niece to make that decision. My niece is very trusting and is very vulnerable and I just want to help her, she has been through so much from the loss of her mother and grandmother. Please let me know what I can do?
A: You need to file an Order to Show cause in either Surrogate or family Court
A: You have to file a petition for guardianship in surrogate's court. If you do it by order to show cause it will bring the case on much faster. You should do it in surrogate's court as family court only has jurisdiction up to the age of 21.
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