Janine Fitzmaurice

Coordinator of Children with Special Needs Services

Ages birth through 5 years old

(845) 486-3518

jfitzmaurice@dutchessny.gov

Linda Monkman

Coordinator of Children’s and Intellectual & Developmental Disabilities Services

Ages 5 years through adulthood

(845) 486-2766

lmonkman@dutchessny.gov

Toni-Marie Ciarfella

Deputy Commissioner for Special Needs

(845) 486-3434

tciarfella@dutchessny.gov

If this is an emergency and you need immediate assistance please contact 911

Crisis Counseling, Support, Information & Referrals

Dutchess County HELPLINE 

Toll free: (877) 485-9700

Stabilization Center

(845) 485-9700

NY State Central Register for Child Abuse 

(800-342-3720)

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Power of Attorney – Alternative to Guardianship

Power of Attorney can be an alternative to seeing guardianship. If the person with special needs has sufficient capacity to understand, he can appoint an agent using a durable power of attorney over medical or financial matters, or both. Depending on the type of power of attorney, the agent will have the authority to make financial and property decisions or medical and personal decisions on behalf of the adult child, all without court intervention or direct oversight.

If the adult child receives either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and cannot manage the income, the Social Security Administration allows another person – a “representative payee” — to receive the funds to use on the child’s behalf. However this option also requires the filing of an annual report showing how the money was used.

Another option for parents to consider is establishing a special needs trust. The trust allows a person with special needs to shield assets for certain purposes while maintaining eligibility to receive SSI and Medicaid benefits. The trustee invests and manages the trust assets, usually avoiding the need for a financial guardian or conservator.

Parents should consider, in consultation with an attorney familiar with special needs law, whether any or a combination of these approaches best fits their particular situation. Factors to consider include the nature of the child’s special needs, the source and type of the child’s assets and whether the child has sufficient capacity to understand his or her choices. (read more…)