Answers to common guardianship questions in New York
Answers to common guardianship questions in New York.

Answers to common guardianship questions in New York

Guardianship is a legal situation in which an individual is approved by the court to manage other person affairs, such as medical, personal and financial matters. Not just anybody can be granted the authority to manage the personal and financial affairs of another individual. The process is a legal one and for this reason, a competent guardianship attorney should be involved in guiding you through this legal process, educating the family, and filing the petition to the appropriate court. If you are in need of establishing guardianship in New York City, it is advised you consult a guardianship attorney near you to walk you through.

Here are questions you would like to get answers to on guardianship.

Who needs a legal guardian?

Not everyone needs a guardian.  A guardian is required by individuals who can’t make important decisions on their own. This decision ranges from health decisions, legal decisions, financial decisions, etc.  Guardianship is not only limited to individuals who have certain mental health issue, but children as well. During estate planning, an estate owner can name a guardian for his or her children. When the estate owner dies, the guardian will responsible for the property and financial affairs of the ward.

Can guardianship be approved without the consent of a minor ward’s parents?

There are certain conditions that determine whether guardianship can be established or not. Guardianship will be approved by the court in the following circumstances:

  • The parents are no more
  • Both parents — or the surviving parent — agrees to the decision
  • There is abandonment on the part of both parents
  • Parental rights have been withdrawn
  • The parents are of questionable character, and the court decides that the child is better off in the care of another individual.

How is guardianship approved by the surrogate court?

The first step involved is petitioning the court for guardianship. This could be initiated by a family member or through a guardianship attorney. The court then act towards the petition, determining the extent of the ward’s incapacity and deliberating on the right type of guardianship relationship. Often times, the guardian attorney would try to convince the court on your behalf to implement a kind of guardianship. However, the court would request several document and paperwork indicating medical and financial status of the ward. You need our guardian attorney who understands the state laws on guardianship and conservatorship to ensure that you are equipped with every documents and details. Contact one closest to you today.

Once a guardian is assigned, he/she takes over duties assigned to them. The legal guardian would prior to appointment would have been inundated with his roles. It is expected that the guardian does not stray off this assigned roles and would seek the permission of the court to make changes, or take more drastic decisions.

Can guardianship be contested?

If you desire to take over guardianship from a parent, the parent or parents may oppose you. However, if you can prove them inept, the court may approve your petition. Other family members and relatives may decide to reject your petition for guardianship. Although their opposition does not mean guardianship would not be granted, it can cause both legal and family tensions. It becomes important that you obtain consultation with an experienced guardianship lawyer.

How long is a guardianship relationship?

A guardianship doesn’t have a specific ending date. The duration of a guardianship depends on what the court believes is best for the child or the mentally incapacitated adult. How long a guardianship would last doesn’t solely depend on the court but also the guardian and the ward.

If the ward decides that he or he doesn’t require the assistance of a guardian, it will have to be called off. If the guardian quits of the ward dies, the guardian will have to cease from being a guardian. In the case of a minor, a guardianship will end when the child becomes 18. At this age, it is believed that the child can make independent decisions,

What does the court consider before approving a guardian?

  • How well the guardian understands the needs of the ward
  • The duration of the guardianship
  • The opinion of those close to the ward regarding who should be appointed as the guardian
  • The distance between the guardian’s residence and that of the ward
  • The closeness of the ward to the guardian
  • The special needs of the ward

Do you need the assistance of a Guardianship Attorney in New York?

You definitely need the help of a guardianship attorney if you don’t want any complications during the process. A guardianship attorney can also offer you valuable advice regarding the right legal guardianship that suits you situation. They will also assist with guardianship paperwork including other legal forms, and will act as the representative of the guardian as soon as the appointment is finalized.  If you reside in New York and you need the assistance of a guardianship attorney, contact us today.