Asked in Family Law for New York

Q: is the father of a 19yr son who attends college (father pays for boarding & tuition) the legal guardian?

19yr old is physically and mentally fine with no problems.

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1 Lawyer Answer
T. Augustus Claus
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A: In New York, a parent is not automatically considered the legal guardian of their child once the child reaches the age of 18, as they are considered an adult in the eyes of the law. This means the 19-year-old son, who is physically and mentally capable, is legally responsible for his own decisions, including those related to education, health care, and financial matters. The fact that the father pays for boarding and tuition does not establish a legal guardianship over the son. Legal guardianship would only be relevant if the son had disabilities that significantly impaired his ability to make decisions for himself, and a court had appointed the father as guardian.

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