What is Guardianship?
Guardianship is an arrangement which gives an individual the legal authority to make financial, personal and health care decisions on behalf of someone who is unable to make such decisions themselves. Such persons must first be proved and categorized as an incapacitated person (IP).
An incapacitated person is any person proved by the court to lack ability to care for some or all of their own financial, personal and medical issues. An individual of this nature would have lost some or all of his/her ability to make coherent communication or personal decisions, and such person needs assistance from a guardian.
Incapacitation may result due to age or disabilities right from birth, and hence, such persons would need someone else to care for them. This involves a legal guardianship proceeding in a law court before a guardian is appointed, and you need the guidance of a guardianship lawyer to help you through this ordeal. The guardianship lawyer Long Island has years of experience in assisting clients all over Long Island, hence, if you’re in need of a guardianship lawyer, he is just the right person to turn to.
Article 81 guardianship is used in appointing a legal guardian to assist an allegedly incapacitated person (AIP) manage his estate and financial affairs. This kind of guardianship is for people who have estate but have become aged or otherwise unable to manage their estate affairs on their own anymore. Such a person must consent to the court’s decision — that is if the incapacitated person can still has such mental capacity — otherwise his/her incapacitation must be proven to the court. It is actually the guardianship lawyer who will help you in proving this using legal tools and tactics.
On the other hand, article 17A Guardianship is used in appointing a guardian for a person who is developmentally or mentally handicapped. In this kind of guardianship, the relationship between the guardian and the ward(the incapacitated person) is pretty much synonymous with that of a parent and child. This provision of the law is for people who are disabled right from birth, such as persons suffering from autism, cerebral palsy, or any other form of neurological impairments.
Benefits of having guardianship
- It allows the guardian to fight against or prevent financial abuse of the incapacitated.
- Gives guardian the consent to pay bills on behalf of the incapacitated person.
- It also gives guardian the power to prevent self-neglect of the incapacitated person.
- It authorizes the guardian to initiate Medicare and Medicaid planning on behalf of the incapacitated person, as well as tax planning.
How to establish guardianship
Any person of 18 years and above is fit to be appointed as a legal guardian. Therefore any person of 18 years and above can file a petition for a guardianship case on behalf of their incapacitated loved one. The incapacitated person can as well file the petition themselves if they still have the mental capacity to do so. The executor of a will or a trustee could also be the initiator, just as much as the CEO of the healthcare facility where the incapacitated person is receiving treatment. But whatever the means or whoever files the petition, a court hearing must be set to determine if the allegedly incapacitated person (AIP) is indeed incapacitated as claimed. The individual will be notified of the date of the hearing and he/she as well as the family members are advised to seek legal guidance and assistance from the guardianship lawyer Long Island.
The guardian thus appointed must be accepted by the ward and the family members as legally worthy of the task.
If a guardian thus appointed fails to meet up with his duties, the family member of the incapacitated person may seek to challenge the guardianship and relieve the guardian of his duties. Legal challenges to guardianship often cost a lot of time and money that would be better spent caring for the incapacitated individual, therefore you’d want to know what you’re doing right from the onset.
Seek the counsel of the guardianship lawyer Long Island
Whether you’re seeking, defending or challenging guardianship, the guardianship lawyer will help you navigate the tough seas of these legal procedures. Guardianship process quite a delicate affair and needs delicate handling, therefore you can’t make no mistakes. The guardianship lawyer Long Island is known to will provide clients with optimum and cost-effective assistance with regards to proceedings before and after a guardian is appointed. Hence, contact the guardianship lawyer Long Island today to serve your best interests.
