Guardianship

Friends and family members must confront difficult questions and emotions when an adult loved one is no longer able to manage financial affairs or properly care for himself or herself. In such cases, a formal legal adult guardianship may be established.

Guardianship is considered a critical protection for at-risk adults and often is sought to protect the elderly. But serving as the guardian of an incapacitated adult is a complicated role that requires dedication and sensitivity. 

An attorney experienced in guardianship laws can explore your situation and assist you with finding answers to your guardianship law questions. Your attorney should be skilled in setting up guardianships and know how to guide you through the complex process of obtaining guardianship and complying with the orders of the court.  Only then can you have the peace of mind of knowing that your loved one is properly cared for.

The role of the guardian

In the unfortunate circumstance that a person is not able to make decisions about personal affairs, a personal guardian or a property guardian may take over the responsibility for the incapacitated adult. A personal guardian can be appointed to manage daily aspects of health and personal care, while a property guardian can be appointed to manage the estate or property of the adult. In addition, a single guardian may be appointed to handle both the property and personal care aspects of the incapacitated party.

Guardianships may be temporary or permanent. Short term solutions may be available while a petition for guardianship is pending.

Applying for a guardianship

A party interested in becoming a guardian of an incapacitated adult must file a petition to the court. The petition details facts that show that person is incapacitated and has need for a guardian. It should also show the financial assets of the incapacitated party and what powers are sought. As New York guardianship law contains many specific details that can quickly complicate this process, an attorney with experience creating guardianship petitions can be an invaluable asset as you prepare and file your request to become a guardian. The Law Firm of Lance P. Armstrong can help ensure your petition is filed in accordance with all applicable requirements.

Prior to granting guardianship, the judge examines the petition and holds a hearing that the incapacitated party must attend. The alleged incapacitated person is presumed to be competent and if the person does not agree to the appointment of the guardian, the petitioner must prove that the person is incapacitated. After the hearing, the judge decides if a guardianship is needed.

Help with guardianship

Do not let the guardianship process overwhelm you - The Law Firm of Lance P. Armstrong can assist you if you have questions about guardianship laws. Contact us online or at 888-721-2993 to schedule your free consultation to discuss all aspects of guardianships for adults and children alike. If you live in Staten Island, Brooklyn, or the other boroughs, let The Law Firm of Lance P. Armstrong protect your loved ones.