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What is Guardianship?

Guardianship is an essential legal tool for both minors and adults. It allows a person usually referred to as a legal guardian make decisions for or on behalf of another called the ward. In situations where an individual cannot make the choice of a legal guardian, the court is tasked with establishing a legal guardian. Decisions made by the legal guardian may include financial related issues, investments, property management, retirement plans etc. as well as health related issues. Physical and mental disabilities do generally Impose limitations to making decisions, and it is only right for such person to apply for guardianship and get a legal guardian.

More appropriately, legal guardians have the authority to care for another person. Guardianship is commonly used for minors, incapacitated persons and developmentally disabled adults. However, the latter is the most common. Probate courts are charged with the power to approve and establish a proper guardianship, and in instances of incapacity or disability, they appoint a legal guardian.

However, after only a proof of documents stating the need for guardianship, and a legal proceedings in court can a guardianship relationship be established and implemented.

There are different types of guardianship and whether you’re petitioning for a guardianship or opposing, you need a law attorney. Guardianship attorney Long Island has represented the interest of individual, persons and family. With the assistance of an attorney, you get the right type of guardianship as well as a hassle free trial process in the court by drafting and filing of the right documents and defending your interest. However, with the right documentation and proof, will a law attorney draft and file for a guardianship petition and initiate the proper proceedings in court. Contact a guardianship attorney Long island today.

Who needs a Guardian?

Disabled persons and children are the most individuals who need guardian. However, Guardianship is not just restricted to disabled persons and children. Some people might need a legal guardian to assist in making decisions in various aspect of their lives, medical, financial representative, property management or whichever area they deem necessary, although in a more restrictive manner. A guardianship attorney can assist you in determining how best to help you or loved one manage their financial and personal affairs.

Legal guardian act in the best interest of the ward and their attention placed foremost. In spite of the severity of a specific mental and physical health condition, Guardianship puts the ward in a better position to have a better life and consequently a sense of belonging in the society. Contact a guardianship attorney today.

Types of Guardianship relationship

Guardianship is only approved by the court usually after a case has been filed or petitioned for Guardianship. The court gives a hearing and after deliberation appoint and recommend a legal guardian. The court considers factors such as the conditions and unique needs of the ward, the location of the guardians and the ward, and the ability of the guardians to cater for the individual needs of the ward. Similarly, the court may act towards the ward opinion, family and friend’s opinion, or the guardianship attorney about who should be appointed.

Full guardianship

This grants the guardian full decision making powers over the ward in cases where the ward is unable to make any personal, financial or medical decision.

Limited guardianship

This type of guardianship relationship is granted by the court when the ward is capable of making some of their decisions about personal care but are unable to handle complex decision issues relating to investments, health care etc. This form of guardianship is restricted to only a particular area of a ward’s life.


Are grated when the courts permits two legal guardian to make decisions on behalf of a ward. This types of guardianship is majorly used to check the excess of either of the guardian and to prevent the abuse of power.

Short term or temporary guardianship- this is granted by the court when the ward is facing an emergency situation or temporarily unable to make decisions on their own behalf.

A guardianship attorney Long Island can assist in drafting and filing documents to petition the court for appropriate guardianship required. Whether, short term or temporary or a limited guardianship, an experienced attorney is all you need.

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DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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