Guardianship is a serious matter. When you ask the court for rule over another person, you are mostly taking on the challenge of overseeing their life. You are responsible for making financial, healthcare, and property management decisions for this individual. In the state of New York, you can only obtain guardianship if a person is incapacitated.
According to Article 81 of the New York Mental Hygiene Law, guardianship is used to help appoint a person to manage the affairs of an incapacitated individual. Either there must be reasonable proof that such an arrangement is necessary, or the person must agree to the court’s decision. When someone is intellectually or developmentally disabled, the guardian will act as a parent. If an individual is developmentally delayed, then Article 17A on Guardianship is used. This code is specifically for guardianship over the disabled. The disability must begin in childhood and be a neurological impairment or something physical such as autism or cerebral palsy.
Understanding What The Law Considers An Incapacitated Person
When the court deems a person cannot manage their essential health and safety requirements, then they are considered an incapacitated person or IP. In most cases, this individual cannot make responsible decisions about their life. Additionally, they are unable to communicate appropriately about their needs or wishes. A guardian is an advocate on their behalf. They keep the best interest of the person first.
The Many Benefits of Guardianship
The guardian has the authority to pay the bills of the incapacitated person. They make sure that there are no self-neglect issues and prevent any devastating situation from occurring. A guardian prevents financial abuse and makes sure that the needs of the person are taken care of. They are responsible for paying rent, making sure there are groceries in the home, and taking care of utilities. Buying clothes and shoes as well as other daily care items are also the duty of the guardian. Lastly, the guardian must also take care of health care and taxes.
Understanding the Process of Guardianship
To become a guardian, an individual must petition the court. Once the petition is filed, the court conducts an evaluation. They will check the circumstances and facts regarding the case. They must prove that a guardianship is necessary. During the court hearing, the family members have a right to contest or approve the action. Notices are sent to all relatives, and they are welcome to attend the conference. During this session, the abilities of the said person are evaluated. After hearing testimony and seeing proof, the court will give a decision.
What We Do To Help?
At the Morgan Legal Group PC, we have vast experience and are some of New York’s leading guardianship attorneys. We can help people initiate their guardianship proceedings. We assist you in filing a petition to be appointed. We help you to gather all the essential documents to show that a guardianship arrangement is necessary. Lastly, we make sure you have the consent needed to pay bills and prevent self-neglect by the incapacitated person.
Filing for guardianship is not a complicated process. You just need some sort of proof to the need. With proper documentation, the court generally is favorable for such an arrangement. The burden of proof is on us to show the court that the incapacitated person needs help. We stand behind you every step of the way. Our vast knowledge in this arena helps you to quickly accomplish your goal. Our hands-on personal legal service has offices in several locations to assist with your needs.