A guardianship is an important legal role that is typically appointed by the probate court. Guardianship is an essential legal tool in decisions making process of individuals, 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.
How are you awarded a guardianship?
The process for obtaining a guardianship varies by state. In New York a petition for guardianship appointment must be filed with the probate court. A hearing will then held in court where the judge evaluates the case and listen to the interested parties. If the appropriate and necessary, the court decides whether to grant the guardianship.
The state of New York allows guardianship according to article 81 guardianship, article 17 and 17A guardianships. According to article 18, guardianship can allowed for an adult who cannot take care of himself due to sickness or incapability. A legal guardian can appointed to provide for their personal needs.
Conversely, article 17 guardianship is approved to oversee over the management of minor’s property until they get to a certain age, 18, which they can then manage their properties without interference. Similarly the article 17A guardianship is approved by the court for a child who is developmentally disabled or mental retarded.
It is best you have plans in place for any case of incapacity or situation that may require a legal guardian. Rather than have the court appoint a guardian for you, you can seek out a guardianship attorney to help you include this in your estate plans.
Furthermore, different factors are usually considered by the court before appointing a guardian for the ward. Most factors typically include:
– The unique needs of the ward,
– The ability of the guardian to understand and meet the needs of the ward
– The length of time a guardianship is needed as well as the personal relationship.
All these conditions are factored into determining the right guardianships.
Why you need a guardianship attorney Brooklyn
A guardianship attorney Brooklyn can help you with all guardianship issues, from filing the appropriate documents, to ensuring your legal rights are still maintained even during guardianship, represent your best interests in court and a file a case to contest a guardianship if needed.
In cases where a child can express his wishes through a guardianship attorney, the court issues a satisfactory guardian, but certain situations of severe disabilities and the wishes of the ward cannot be expressed, the court will make a determination of a guardian based on the pre-incapacity document. This documents can be prepared by a guardianship attorney. The court will then grant authority to the guardian that can satisfactory meets the need of the child. A guardianship attorney New York City can help you create a comprehensive estate plan that includes the appointment of a legal guardian. Estate plan documents such as last will and testaments, power of attorney and living trust protects you and your properties, as they also allow for the provision of a guardian to make your medical and financial matters.
The role of a legal guardians
A legal guardian’s role cannot be underestimated. They are empowered to provide the services of a guardian in the best interest of the ward. The role of the guardian include:
- Making financial and medical decisions for the ward.
- Ensuring wellness of the ward and maintenance, management of properties.
- Assisting the ward in settling in a community or more extensive settings and having active participation in public duties.
However, legal guardian roles as in case if a child may even be broader as it involves having legal and physical custody of the child. It may include acting in the same role as a parent for the child, providing food, purchasing clothing, and proving shelter, protecting the child from environmental hazard and maintaining the child’s physical and mental health.
The process of choosing a guardian can be a difficult task or you and your family. You may not want to rely on another person, but it is important that at some point, you chose someone to make certain decisions for you, our guardianship attorney New York City can help create a comprehensive estate plan that includes the appointment of a future guardians.