Flushing, NY asked in Elder Law for New York

Q: My adult son is intellectually disabled.Can I continue to get him medical treatment in NY without becoming his guardian?

From my understanding he is presumed to be capable of providing informed consent. It also looks like if it was ever determined that he can't provide informed consent, I would still be able to take him to doctor visits as per FHCDA or OPWDD law. Also, he lives with me and is 29.

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: It will depend upon the type and extent of his disability. If he is capable, he should sign a health care proxy. If he is incapable of making decisions for himself you should apply for Guardianship.

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