Guardianship is an important legal tool in decisions making process of individuals, both minors and adults. It allows a person or entity usually referred to as a legal guardian the ability to make decision for or on behalf of another referred to a ward. Physical and mental disabilities do generally Impose limitations to making decisions, and it is only right for such person to apply for guardianship and get a legal guardian. Legal guardians have the authority to care for another person.
There are basically three laws that guides the implementation of guardianship in Queens, which are 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 for 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 Queen to help you include this in your estate plans.
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.
- 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.
Courts process in guardianship
The probate court in Queens presides over the implementation of guardianship for any individual. However, the court only call for such hearing after petitions for guardianship. The court may also deem it fit to appoint a guardian for any individual who 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.
Additional, in situations where the person deserving a guardian cannot make his wishes known on who the legal guardian should be, the court considers factors such as, the unique needs of the ward, the ability of the guardian to understand and meet the needs of the ward, he length of time a guardianship needed. All these conditions are factored into determining the right guardianships.
The court may sanction guardianship of any type after considering the specific need of the ward. There are several types of guardianship, some are less restrictive than the other. For example in situations where a court deem it wise to grant a full guardianship, most especially for a ward who can make any personal, medical or finance decisions, the guardian in this case gets the full decision making power over the ward.
The less other forms of guardianship are however more restrictive as in case of limited guardianship or co-guardianship. The courts also grant short term or temporary guardianship in appropriate situations. Co-guardianship- are grated when the courts permits two legal guardian to make decisions on behalf of a ward. This types of guardianship is majorly used to check the excess of either of the guardian and to prevent the abuse of power.
You need a Guardian Attorney Queens
A guardianship attorney Queens 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.
The process of choosing a guardian can be a difficult task or you and your family. It is however important that at some point, you chose someone to make certain decisions for you, our experience guardianship attorney Queens can help create a comprehensive estate plan that includes the appointment of a future guardians.