NY estates planning & probate attorney Russel Morgan, Esq. explains how legal guardianships are used for special needs children in New York. He explains that when special needs children receive an inheritance through a will or trust that does not name a guardian, an Article 17-A guardianship proceeding must be initiated. This allows either parents, other family members, or an independent third party to be appointed to manage the inheritance. For example, if the child is named as a beneficiary on a life insurance policy, the appointed guardian would establish an account to manage those funds. If the inheritance comes through a will, the guardian would petition the court to be formally appointed as the child’s guardian of property under the Article 17-A process.