legal guardianship

[smalltown2]

What is the name of your state (only U.S. law)? NY

Is it possible to become a legal guardian of a regular (non-disabled) person, age 18, in New York? There is an 18 year old girl who would give me permission to be her guardian until age 21, if this is possible in New York. She would be living with me, and that way we could put her on our insurance. I thought this was possible, but someone at the county family court told me it wasn't.

 

[Antigone*]

What is the name of your state (only U.S. law)? NY

Is it possible to become a legal guardian of a regular (non-disabled) person, age 18, in New York? There is an 18 year old girl who would give me permission to be her guardian until age 21, if this is possible in New York. She would be living with me, and that way we could put her on our insurance. I thought this was possible, but someone at the county family court told me it wasn't.

She is an adult.

Where are her parents?

 

[smalltown2]

She is an adult.

Where are her parents?

In some states it was my understanding that an 18 year old can voluntarily give an adult permission to be their guardian until age 21.

Her parents kicked her out.

 

[happybug]

Does your question happen to have anything to do with the fact that Child Support doesn't end until 21 in NY?

 

[BL]

Does the 18 Y/O have a job ?

If so , she can pay you room and board .

If not . she can apply for NYS Temporary assistance and you can fill out a LL/Tenant statement charging rent . She can apply for Cash assistance ,rent,FS's & medical .

 

[smalltown2]

Does the 18 Y/O have a job ?

If so , she can pay you room and board .

If not . she can apply for NYS Temporary assistance and you can fill out a LL/Tenant statement charging rent . She can apply for Cash assistance ,rent,FS's & medical .

I don't want her to pay rent, I want to be able to put her on my insurance, or more accurately, my husband's insurance. She is second in her class so she is definitely going to college and I don't want her stuck with medicaid for the next five years, if I have a choice.

 

[Antigone*]

I don't want her to pay rent, I want to be able to put her on my insurance, or more accurately, my husband's insurance.

She is an adult. She is not your child and not your dependent. There is no legal reason for a perfect stranger to be put on your husband's insurance. She can get her own.

 

[smalltown2]

Does your question happen to have anything to do with the fact that Child Support doesn't end until 21 in NY?

I don't know, I would be the guardian, we wouldn't be getting any support. I just thought I read that she could consent to make us her guardian until 21. She would be living with us for her last year of high school and hopefully for some of her college summers.

 

[smalltown2]

She is an adult. She is not your child and not your dependent. There is no legal reason for a perfect stranger to be put on your husband's insurance. She can get her own.

I could never afford private insurance as a working adult, so there is no question of her being able to buy it. She will absolutely be my dependent for more than a year and she is far from a stranger.

 

[ecmst12]

You are attempting to defraud your insurance company. This is not something you can legally do. Medicaid will take very good care of her.

 

[Banned_Princess]

Medicaid will take extra good care of her.

All free no copays and very comprehensive.

No need to be guardian of an adult.

 

[LdiJ]

I could never afford private insurance as a working adult, so there is no question of her being able to buy it. She will absolutely be my dependent for more than a year and she is far from a stranger.

Have you actually priced insurance for a healthy 18 year old? It may not be nearly as expensive as you think. On top of that, a high deductible policy is probably all she really needs.

In addition, McDonald's (for example) offers health insurance to part time employees. She could work a couple of shifts a week and provide her own insurance.

 

[smalltown2]

You are attempting to defraud your insurance company. This is not something you can legally do. Medicaid will take very good care of her.

No, I am trying to see if I can create a legal relationship out of her actual dependency, and take care of her. If she were my foster child I could definitely be her guardian until 21, so why not as my dependent? It just seems logical. My niece, 17, is becoming my dependent now and I can be her guardian and get her insurance until she leaves college. Why not my former stepdaughter, one year older? It makes no sense.

 

[smalltown2]

In addition, does this form not indicate that an 18 year old can give me permission to be a guardian until 21? This is the actual petition for our court.

http://www.nycourts.gov/forms/familycourt/pdfs/6-5.pdf

 

[happybug]

It has been a very long time since I was in college but don't Universities have student health for registered students? Until she gets to college, Medicaid will cover her while she is in High School, even if she is over 18.