A family member could be unable to care for their young children, aging parents, or a special needs adult child or sibling. In these situations, a guardianship can help someone else manage care for those individuals (known as wards), whether the person in question wants the court to name a guardian or petition for guardianship themselves.
Read on as an experienced guardianship attorney with Schneider, Garrastegui & Fedele PLLC, describes three types of guardianships available in New York, the Court’s process of appointing a guardian, and the alternatives to guardianship. Contact us at (631) 756-6006 or complete our online form to schedule a consultation to discuss guardianship options for your loved one.
Guardianship allows the appointed guardian to make decisions for a child until they come of age. Decisions a guardian can make include healthcare, education, finances, living arrangements, and more.
Someone petitioning a court for guardianship of a child must file the petition with the court.
The courts appoint a guardian for a child, and the guardian makes decisions for the child. Speak with a guardianship attorney to determine how to plan for guardianship of minor children.
Also called an Article 81 Guardianship, appointing a guardian of an incapacitated person is a complex legal process. A petitioner must file a request for the appointment of a guardian with the court and prove the necessity of a guardian for the individual.
The court will decide if the person is wholly or partly incapacitated and whether they need guardianship. The person the court considers for guardianship—usually a family member—will need to complete Article 81 guardian training before the court appoints them.
The court will hear testimony and review evidence about the incapacity to decide if a person needs guardianship. If the court determines that the incapacitated person requires a guardian, the judge will outline the decisions the guardian will need to make according to the needs of the person.
With Article 81 guardianship, the court will appoint a guardian to manage the personal needs regarding their personal life and/or a guardian of their property and financial needs. Because each case is unique and people under guardianship may have different levels of decision-making ability, the court can be flexible in choosing to appoint an appropriate guardian to handle only the decisions they are well-equipped to address.
A guardian of the person makes personal needs decisions for a minor, incapacitated person, or intellectually or developmentally disabled adult. These guardians’ decisions for their wards include:
Guardians of the person can also access personal records of the person under guardianship to make informed decisions for care. However, they may not make financial decisions unless they are also the appointed guardian of the property.
A guardian of the property manages finances and property in the name of the person under guardianship, and they must file an annual report about the property.
Some responsibilities include:
Guardianship of an intellectually or developmentally disabled adult, who has been disabled since birth, Article 17-A guardianship, allows a caregiver to make decisions for adults with certain conditions, including but not limited to:
Article 17-A guardianships allow the appointed guardian to make decisions for the child into adulthood. Contact a New York guardianship lawyer to discuss alternatives to guardianship, such as powers of attorney, health care proxy, and related questions.
Guardianship is a complex legal issue that requires the attention of an experienced guardianship attorney. At Schneider, Garrastegui & Fedele PLLC, we have years of experience assisting families in and around Melville, NY, with estate planning and guardianship needs. Call us today at (631) 756-6006 or complete our online form to schedule a consultation.
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