Guardianship
In New York City, Guardianship is an important legal tool that allows another person or a legal guardian make decisions on behalf of another, typically called the ward. Financial decisions, medical, and personal decisions can be taken by the guardian; however, the best interest of the ward is important. 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.
Guardianship is an essential legal tool and also a part of estate planning. In situations where an individual cannot make the choice of a legal guardian, the court is tasked with establishing a legal guardian. However, with a guardianship attorney, you can file the appropriate documents indicating your desired guardian.
Guardianship is serious and important. And once the courts permits and grants decision making power to another, a legal guardian or attorney takes on the professional and challenging task of overseeing someone’s life. Legal guardians for minors are the most common type of 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.
Process of Guardianship
A guardian is usually approved and appointed 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 the 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. A guardian attorney duty in this situation is to ensure that your interest is upheld.
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.
Types of guardianship relationship
Full guardianship
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.
Co-guardianship
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.
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 can help create a comprehensive estate plan that includes the appointment of a future guardians.