The role of a guardian cannot be underestimated in situations where an individual is in dire need of someone to oversee their medical and financial affairs. A guardian is person legally backed to cater for another individual called a ward. Unfortunate situations which sometimes occurs in life leads to disability or incapacity. As such, the individual cannot do handle personal affairs anymore and certainly need a help. Guardianship and conservatorship provides this help. However, each has its separate agreement and documents. While guardian handles a ward personal matter, like healthcare, feeding and other basic supervisions, conservatorship is approved by the law court if the ward needs help in financial matters and management. A conservator handles a ward finances, this could include, estate properties, bank accounts, investment and several others.
A court presides over the appointment of a guardianship or conservatorship to a ward. Much more, in New York as in other states, the state laws dictates the financial threshold requiring the appointment of a conservator for a ward. Typically, if the ward’s annual income is $35,000 and above, a conservator would be required.
Is appointing a guardian that easy?
Appointing a guardian or conservator sounds quite easy; however, there are steps involved in establishing a guardianship relationship. While, it might be easy for a ward’s relative to handpick a guardian, the sitting courts must first validate this chosen guardian and determine to what extent he functions. Here is where you need a guardianship attorney. A Guardianship attorney would petition the court on your behalf for a legal guardian. Even during the proceedings, the guardianship attorney would defend your interest and ensure that only the right type of guardianship relationship is assigned. Also, the attorney would provide key advises to the legal guardian, assisting to provide key documents or paperwork require for smooth guardianship appointment.
whatever, the case involved in creating a guardianship in New York City; you need to seek the help of a guardianship attorney near you. Only then would you have the appropriate legal backing for court proceedings as the case maybe.
Process of appointing a guardianship.
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.
It is important to note that fees and expenses are incurred during the process of appointing a guardianship.
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.
Note: the guardianship attorney is always on hand to give advises to both the legal guardian and ward. The attorney would constantly remind the wards of his rights and also prevent any cause of actions against the ward’s or guardians legal rights as the case maybe.
Fee and expenses incurred when appointing a guardianship.
Fees and other charges are levied by the court when they appoint an attorney for you. This is part of the guardianship proceedings. The attorney hired has the duty of defending your interest through the court proceeding and even beyond. Even after a legal guardian has been appointed, court proceedings still holds once there is a dispute between the ward and guardian due to non-clarity of roles or the guardians seeks permission to take drastic decisions for the ward, attorney fees would be paid to the guardianship for all documents provided and also for initiating proceedings. In New York, attorney are allowed to charge standard rate for attorney fees.
Other professional fees.
Professional fees are fees paid for healthcare practitioners, expenses incurred to carry out test and medical examinations on the ward. These tests provides documents required by the court to ascertain the level of disability of the ward.
Contact a guardianship attorney near you in New York City.
Guardianship attorney are always vital to obtaining the best kind of guardianship. Our attorneys knows how delicate it could be handling someone else affairs and as such handle guardianship with sensitivity and experience. Asides providing necessary paperwork and documents, our guardianship attorney can contest any imposed guardianship or court supervised guardianship. In a nutshell, our attorney would defend your interest, whether you are a ward or an appointed legal guardian.
Contact an attorney closest to you today in New York City.