Guardianship for incapacitated adults as well as disabled minor is subject to article 81 of Mental Hygiene Law and is quite different from other forms of guardianship. It is customized to care for only those things that the ward cannot manage independently. It could be payment of bills, financial transactions, or personal and home upkeep. The situation may change such that necessitates a change in the guardianship terms. However, New York guardianship attorney will assist you through the process of obtaining guardianship and even further when the ward or legal guardian appointed needs legal help.
A guardianship attorney will ensure the whole process of approving a guardian for ward is smooth.
These are seven things the New York guardianship attorney will do for you;
- Petition the court for guardianship on your behalf
A petition to approve a guardianship is submitted to the court. A guardianship attorney would be best to handle this case. In cases of a court supervised guardianship, the court would generally appoint an attorney for the disabled individual. However, to prevent cases of unwanted guardianship, you need to hire an attorney.
- Provide all needed documents for your guardianship
Before a judge presiding over a guardianship case can approve guardian, relevant documents detailing the medical and financial condition of the ward must be provided. The guardianship attorney assigned and the disabled individual will beforehand meet to discuss the case being filed. The attorney would give detailing information to the ward about the medical documents required by the court and request his approval. Other paperwork required for smooth appointment will be provided by the attorney.
- Prevent approval of unsuitable type of guardianship relationship.
There are different types of guardianship relationship. Usually, a court presiding over a guardianship case would first deliberate on the unique needs of the ward; they approve the right type of guardianship. This come after all medical and financial document has been submitted to the court for review. A good guardianship attorney will offer you the help and advice you need to not only fast track the process, but allow only the appropriate guardianship for his client. Contact our New York guardianship attorney today.
- Propose a suitable guardian to the surrogate court on your behalf
No anyone can be named as guardian. A ward might have a certain individual whom they are interested in becoming their guardian. The guardianship attorney will petition the court to allow this person stand as a guardian for the ward. However, the court holds jurisdiction to permit any individual become a legal guardian to ward, mostly considering the ward, and the capability of the selected individual.
- Advise you on your legal right as a ward.
Even as a ward, you need to know your legal right. With the knowledge of these rights, you would prevent any form of exploitation from your guardian. Much more, you would know what and what a guardian can do and how to control excesses of a guardian while making decisions for you. Our attorney would guide you through the process of guardianship and bring to your notice your rights.
- Advise you on a your legal right as a guardian
Being named as a guardian to a ward come with lot of responsibilities. It would be better to be aware of your duties, roles and legal rights. With this, you could reject any guardianship imposition.
- Contest guardianship decisions.
Our guardianship attorneys are excellent in contesting any court supervised guardianship or imposition. Do you think you don’t need a guardian or want to contest a certain guardianship decision, then you need an attorney.
Contact a New York Guardianship Attorney today.
The process of preparing for guardianship is not as easy as it seems. As a legal matter, it is advised you consult a guardianship attorney before petitioning for guardianship. Your attorney will determine the kind of guardianship required, will help your family prepare, and guide you through the process. The guardianship attorney also educates the guardian and ward about their rights. There are evaluative reports and annual accounting records which must be submitted to the court. The attorney also helps with this. If you live in New York City, NY call our law office to speak with a New York guardianship attorney.