1 August 2024
Investment Funds - Dispute Resolution
Linklaters and Volunteers of Legal Service Successfully End Discriminatory Practice in Article 17-A Guardianship Applications
Linklaters worked on a pro bono basis with Volunteers of Legal Service (VOLS), a forty-year-old nonprofit legal services organization, to successfully challenge unlawful and discriminatory practices in Queens County’s Article 17-A Guardianship application procedures. Immigrant families will no longer face an unnecessary barrier when seeking to lawfully care for their adult disabled children.
Article 17-A of the New York Surrogate’s Court Procedures Act allows a family member, or other interested party, to petition for guardianship to protect the interests of an adult who is intellectually or developmentally disabled and has difficulty making decisions for themself. For New Yorkers with limited access to resources, this process is often done without a lawyer, i.e., “pro se.” The process can already be difficult — and emotional — to navigate.
When assisting a client in Queens County, VOLS discovered that the checklist utilized by the Queens Surrogate’s Court with pro se filers required they show proof of U.S. citizenship or permanent U.S. residency status. This demand went beyond any statutory or regulatory authority required of a petitioner for an Article 17-A guardianship. The unnecessary and discriminatory requirement presented a barrier for immigrant families trying to work within the law to make personal, medical, or financial decisions for loved ones who cannot do so themselves.
The team from Linklaters worked with VOLS Senior Law Project to demand the deletion of this requirement from the pro se check list. Earlier this month, the discriminatory language was deleted. Immigrant families seeking legal authority to care for and protect their adult disabled family members will no longer be unnecessarily deterred from applying.
The Linklaters team was led by Partner and Co-Head of the U.S. Investment Funds practice David Miller and Litigation, Arbitration & Investigations Partner Patrick Ashby, along with support from Investment Funds Associate Jared Arcari, Litigation, Arbitration & Investigations Associates Nirajé Medley-Bacon and Kailyn La Porte, and Law Clerk Joseph Nasca, all based in the firm’s New York office.
“We are proud to partner with VOLS to advocate for immigrant families and ensure that justice is accessible to all, regardless of their immigration status,” said Ashby. “This victory underscores the importance of vigilance and proactivity in protecting vulnerable communities from discriminatory practices. We hope this positive change will serve as a precedent for other jurisdictions to examine and rectify their own procedures."
“Unnecessary and burdensome administrative hurdles in the 17-A Guardianship process discourage families from using the legal system to support their loved ones,” said Elisa Tustian, VOLS Senior Law Project Director. “VOLS is proud to have partnered with the Linklaters pro bono team to help end this practice and support immigrant families’ access to justice in Queens Surrogate’s Court."
Linklaters supports VOLS through the firm’s Social Impact program, through which the firm deploys the strengths of lawyers and business staff to bring about positive change through legal pro bono as well as non-legal volunteering and charitable donations. Learn more about Linklaters’ Social Impact program.
About Linklaters
Linklaters is a 185-year-old leading global law firm with over 3,100 lawyers across 31 offices in 21 countries. We combine legal expertise with a collaborative and innovative approach to help clients navigate constantly evolving markets and regulatory environments, pursuing opportunities and managing risk worldwide. In order to offer our clients the highest quality advice, our lawyers across three divisions — Corporate; Litigation, Arbitration, and Investigations; and Finance — specialize in industry sectors as well as practice areas.
Article 17-A of the New York Surrogate’s Court Procedures Act allows a family member, or other interested party, to petition for guardianship to protect the interests of an adult who is intellectually or developmentally disabled and has difficulty making decisions for themself. For New Yorkers with limited access to resources, this process is often done without a lawyer, i.e., “pro se.” The process can already be difficult — and emotional — to navigate.
When assisting a client in Queens County, VOLS discovered that the checklist utilized by the Queens Surrogate’s Court with pro se filers required they show proof of U.S. citizenship or permanent U.S. residency status. This demand went beyond any statutory or regulatory authority required of a petitioner for an Article 17-A guardianship. The unnecessary and discriminatory requirement presented a barrier for immigrant families trying to work within the law to make personal, medical, or financial decisions for loved ones who cannot do so themselves.
The team from Linklaters worked with VOLS Senior Law Project to demand the deletion of this requirement from the pro se check list. Earlier this month, the discriminatory language was deleted. Immigrant families seeking legal authority to care for and protect their adult disabled family members will no longer be unnecessarily deterred from applying.
The Linklaters team was led by Partner and Co-Head of the U.S. Investment Funds practice David Miller and Litigation, Arbitration & Investigations Partner Patrick Ashby, along with support from Investment Funds Associate Jared Arcari, Litigation, Arbitration & Investigations Associates Nirajé Medley-Bacon and Kailyn La Porte, and Law Clerk Joseph Nasca, all based in the firm’s New York office.
“We are proud to partner with VOLS to advocate for immigrant families and ensure that justice is accessible to all, regardless of their immigration status,” said Ashby. “This victory underscores the importance of vigilance and proactivity in protecting vulnerable communities from discriminatory practices. We hope this positive change will serve as a precedent for other jurisdictions to examine and rectify their own procedures."
“Unnecessary and burdensome administrative hurdles in the 17-A Guardianship process discourage families from using the legal system to support their loved ones,” said Elisa Tustian, VOLS Senior Law Project Director. “VOLS is proud to have partnered with the Linklaters pro bono team to help end this practice and support immigrant families’ access to justice in Queens Surrogate’s Court."
Linklaters supports VOLS through the firm’s Social Impact program, through which the firm deploys the strengths of lawyers and business staff to bring about positive change through legal pro bono as well as non-legal volunteering and charitable donations. Learn more about Linklaters’ Social Impact program.
About Linklaters
Linklaters is a 185-year-old leading global law firm with over 3,100 lawyers across 31 offices in 21 countries. We combine legal expertise with a collaborative and innovative approach to help clients navigate constantly evolving markets and regulatory environments, pursuing opportunities and managing risk worldwide. In order to offer our clients the highest quality advice, our lawyers across three divisions — Corporate; Litigation, Arbitration, and Investigations; and Finance — specialize in industry sectors as well as practice areas.
