It is interesting to know that there are different types of guardianship relationship. Usually, the probate court presiding over a guardianship case would first deliberate on the unique needs of the ward; they approve the right type of guardianship. This come after all medical and financial document has been submitted to the court for review. A good guardianship attorney will offer you the help and advice you need to not only fast track the process, but to ensure that the process ends without any complications whatsoever. Contact our guardianship attorney closest to you today.
Types of guardianship relationships usually approved by the court:
Full guardianship
This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. The guardian takes over all healthcare, personal or financial decisions of the ward. Usually, this form of guardianship is allowed for a minor child or for an individual with extreme disabilities limiting his ability to handle any area of his life.
The guardian appointed in this case may choose to hire a financial advisor to handle the finances of the ward, or a medical consultant; however, the court needs to give authorization to any decisions made by the guardian.
Limited guardianship
This form of guardianship is different from full guardianship, as it only allows certain areas of the ward’s life be handled by a legal guardian. Peradventure, the ward has needs for someone to handle his financial or an individual to make only medical decision on his behalf, the court will see it fit to assign a guardian only to this area. In selected instances, the wards needs for a certain type of a guardianship might be ignored by the court, ass such you need a guardianship attorney to help defend your interest. The attorney will petition the court with the right documents to ensure that a prefer form of guardianship relationship is approved. This type of guardianship gives limited access to the appointed guardian.
Co-guardianships
Co-guardianship is approved by the surrogate court if the ward have need for two guardians, each to handle the same or separate areas. This form of guardianship relationship gives each legal guardians full decision making power over appointed areas of the ward’s life. Usually, a court will approve of this guardianship to check the excesses of each guardian.
Temporary or short term guardianship
This type of guardianship is appointed when:
- The ward is a minor and just needs someone to handle his personal care till he come of age.
- When the ward is facing an emergency situation and just need a short term help of a legal guardian.
- The ward is going through a temporary health or financial problem.
The duration of this form of guardianship is usually stipulated by the court. Once the date is reached, the guardianships terminated. Unforeseen circumstances may occur requiring that the guardianship be elongated; however, the surrogate court holds all the jurisdiction to allow a temporary guardianship to be adjusted. A guardianship attorney will petition the court on a ward’s behalf for guardianship extension.
Guardianship ad litem
In this case, a guardian is appointed to oversee legal issues of a ward. The guardian will represent the ward in legal proceedings of any sort. Often, an attorney or criminal lawyer is assigned to this form of guardianship. The guardianship only duty is to defend the ward and advise them on any legal matter.
Guardianship ad estate/ conservator
A conservator handles a ward finances, this could include, estate properties, bank accounts, investment and several others. A court presides over the appointment of a conservator to a ward. New York state laws dictates the financial threshold requiring the appointment of a conservator for a ward. Typically, if the ward’s annual income is $35,000 and above, a conservator would be required.
Contact a Guardianship attorney near you today.
When appointing a guardian for your child, a senior, or a developmentally disabled individual, you will need the assistance of a competent guardianship attorney. A good guardianship attorney will offer you the help and advice you need to not only fast track the process, but to ensure that the process ends without any complications whatsoever. Do you stay in New York, 10018 area, Contact us and we will provide you with the best guardianship attorney