You definitely need the help of a guardianship lawyer if you don’t want any complications when seeking or contesting a guardianship relationship. A guardianship attorney can also offer you valuable advice regarding the right legal guardianship that suits you situation. They will also assist with guardianship paperwork including other legal forms, and will act as the representative of the guardian as soon as the appointment is finalized. If you reside in New York City and you need the assistance of a guardianship lawyer, contact us, we will provide you with the best lawyer for your case.
To prevent court supervised guardianship, which may be unfavorable for you or a disabled relative, you need a guardianship attorney.
Petitioning the court for guardianship
To establish guardianship for a minor or an aged individual, you must file a guardianship petition to the surrogate court. This petition must contain a description of the person’s situation and why they need a guardian to carry out those duties in which the individual has become deficient. When the court receives this, it will appoint an evaluator whose job is to evaluate the ward’s situation to know the validity of the petition. This person likely would be a health professional. After speaking with and assessing the individual, the evaluator then submits a report to the court about their findings after which a hearing will be slated for a particular date.
It is possible that the individual does not want a guardian. The judge has the right in this case to assign a lawyer to plead the individual’s cause during the hearing. You as the petitioner should also be advisably represented by a guardianship lawyer. In the hearing, you (or your attorney) must be able to prove the incapacity of the individual and the necessity of appointing a guardian. The court will grant guardianship if the individual is proven to be at a personal disadvantage without external assistance from a guardian. For senior citizens by reason of Article 81 of Mental Hygiene Law, the guardianship will be geared towards only those areas in which the ward is deficient. This is so that the guardianship does not compromise the adult’s independence.
A letter of guardianship will be issued to the appointed guardian to grant them authority.
Note: To obtain suitable guardianship either for you a disabled relative, documents reflecting medical conditions must be submitted to the court. At times, financial records of the ward would be required should a conservator be required to handle the ward’s finances.
Who can be selected as a Guardian?
A guardian isn’t a randomly selected individual. Before a guardian is appointed for a ward, many considerations are made. It is usually the job of the surrogate court in New York to determine who is qualified to be chosen as a guardian for a particular ward. The decision of the court is based on a few factors. These factors are:
- How well the guardian understands the needs of the ward
- The duration of the guardianship
- The opinion of those close to the ward regarding who should be appointed as the guardian
- The distance between the guardian’s residence and that of the ward
- The closeness of the ward to the guardian
- The special needs of the ward
- The choice of the ward regarding who should be guardian. This is only applicable if the ward is allowed to express his or her opinion.
Note; you can also prescribe desired individual to act as legal guardian to the court, however, only through you guardianship lawyer. The court holds all jurisdiction to approve of the selected person.
Contact a guardianship lawyer near you today
If you wish to consult an experienced New York City guardianship lawyer, you can simply contact our law office. We offer assistance to clients in New York who wish to establish guardianship for their loved ones. Our team of well-seasoned guardianship attorneys understands the system and will work closely with you; educating you about the guardianship process, help with filing the petition and proving the status of the AIP (allegedly incapacitated person). We also carry out asset protection alongside in order to not compromise Medicaid eligibility.
As there are different types of guardianship for different situations, we help assess this in order to know the appropriate petition to file to the court to help you obtain only the proper type of guardianship.
