In New York City, Guardianship is an important legal tool that allows another person or a legal guardian make financial, medical decisions on behalf of another. Mental and physical incapacities or disabilities in persons may impose conditions that limits ability to express themselves, take decisions and even live independently of the care of others. These situations requires the services of a legal guardian, who acts and take this decisions in best interest of the ward.
Decisions may include financial or medical and health issues, property management, taxes, or urgent legal matters. Similarly, it may also involve ensuring active participation in communities’ policies. As in the case of a child, a legal guardian duty may be likened to parent duties, as it means paying for shelter, clothing, feeding, and much more proper education.
The surrogate court in New York is responsible for appointing a guardian. Guardianship for incapacitated persons is guided under article 81 of the mental health hygiene. While the Act 17-A is used in cases of guardianship for minors or children. A New York City guardianship lawyer can represent your best interest and ensure you get the best of your guardianship by filing the right document to petition the court.
Advantages of guardianship
The role of the guardian include:
- Making financial and medical decisions for the ward.
- Ensuring wellness of the ward and maintenance, management of properties.
- Overseeing estate and properties.
- Payment of bills, settlement of debts and acting on behalf of the ward in financial negotiation process.
- Assisting the ward to settle in a community or larger settings and have an active participation in public duties.
However, legal guardian for a child may even be broader as it involves having legal and physical custody of the child. It may involve acting in same role as a parent for the child, providing food, purchasing clothing, and proving shelter, protecting the child from environmental hazards and maintaining the child’s physical and mental health.
Know the process of guardianship
Guardianship is usually approved by the court. However, the court only call for such hearing after petitions on guardianship. The court may also deem it fit to appoint a guardian in cases where the individual cannot make certain decisions for himself and also cannot specify a legal guardians. Although, a guardianship attorney in New York can help arrange for the right type of guardianship and petition the court.
The court then grants authority to a suitable legal guardian that can satisfactorily meet the need of the child. Same process follows for guardianship of an alleged incapacitated person. The court makes decision to appoint a legal guardian with the power to satisfy the basic and important needs of the incapacitated person. However a court hearing is held to ascertain if the disabled person is incompetent and requires the help of a legal guardian and also the type of guardianship required.
Different factors are considered before court decides who is qualified to be appointed as 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 with ward.
The New York guardianship lawyer duty in this situation is to ensure that your interest is upheld.
Role of New York Guardianship Lawyer
The New York guardianship lawyer role in guardianship legal matter cannot be pushed aside, in fact, without an experienced guardianship lawyer, you stand at risk of losing your ability to making your own decision or being appointed assigned a wrong guardian. Here is what the guardianship lawyer does for you:
- Help you with your estate plans. The guardianship lawyer will help you with estate plan and guide you through obtaining the right document that may prevent unwanted guardianship. Estate plan document includes will, living trust, m=advance medical directives and power of attorney.
- Petitions the court for a guardian on your behalf and help protect your interest in obtaining the right type of guardianship.
- Protect you from unwanted guardianship. The New York guardianship lawyer would file the right documents for your decision against any form of guardianship.