Guardianship in New York
Guardianship

Guardianship in New York

The best help a disabled adult need can be provided by a legal guardian. Guardianship for minor or aged persons is usually approved by a surrogate court in New York. Guardianship is a relationship between a guardian and a ward whereby the guardian is responsible for making decisions and handling the affairs of the ward.

A guardian may be appointed to manage the finances of a ward, handle important legal matters, make important medical decisions, pay the bills of the ward, make personal decisions on behalf of the ward, etc. Because the guardian is bounded by the law to carry out the obligations of a guardian, if he or she decides to do contrary, there will be consequences. 

These are guardianship you should know in New York.

Guardianship for minors

This is for children below 18. Their parents may have died, fall terminally ill, or in a faraway place such that they can no longer care directly to the child. This guardianship is overseen by the Family Court or Surrogate’s Court. A guardian may also be named in the Last Will of the parent.

Guardianship for an adult with developmental disability

This kind of guardianship is for children with special needs who have reached 18 but are still unable to handle their own affairs independently due to their disability from birth. This guardianship is overseen by the Surrogate’s Court under Article 17-A. The parent or other family member may petition to be appointed as the guardian.

Guardianship for incapacitated adults

This kind of guardianship is subject to New York Mental Health Hygiene Law: Article 18. This law allows the Supreme Court to appoint a guardian for an adult who has eventually become incapacitated. In this case, the petition is submitted to the Supreme Court.

This kind of guardianship is different from the others. The powers of the guardian are limited to only those aspects which the incapacitated adult can no longer handle independently. If the person has, due to an accident, lost their limbs, the powers of the guardian would be restricted to only personal needs. The ward would still be allowed to make their own financial and healthcare decisions. On the other hand, if the person has lost the capacity to think rationally in terms of money, paying bills, signing contracts, the guardian’s duties would be confined to finances.

Guardianship specifically for physical incapacity

There are situations in which the adult’s health has tremendously declined such that they can no longer be independent in any way. Here, the court grants the guardian full rights to handle personal, healthcare, and financial needs of the ward as well as deciding on what residence to place the ward. The guardian is allowed to place the ward in a nursing home if the situation can no longer be handled efficiently at home.

How long Guardianship does lasts?

One cannot specifically state or predict the duration of a guardianship. The duration of a guardianship depends on some factors. It is the job of the probate court to decide how long the guardianship should last. The court sets the duration based on what they believe is best for the ward. The ward and the guardian also have parts to play in determining how long a guardianship will last. A guardianship can be terminated if the ward decides that he or she doesn’t need the help of a guardian. A guardianship can also be terminated if the guardian quits, or if the ward dies.

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 when seeking guardianship. 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, we will provide you with the best attorney for your case.

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.