A ward can present a candidate to be named as the guardian. However, the surrogate court verse who should be appointed. Often times, the sitting judge considers the unique needs of the ward before going ahead to approve a guardian. Other factors being considered by the court are:
- The closeness or existing relationship between the ward and preferred guardian.
- The type of guardianship relationship to be appointed for the ward.
- The duration of guardianship.
- The medical, personal and financial assistance the ward needs.
- The location of the guardian.
- The location or where the ward lives.
- The guardian ability to manage or take responsibility of the ward.
- The opinion of the ward about the guardian.
- The opinion of an attorney and ward’s family about the guardian.
- Is the preferred individual experienced in acting as a legal guardian?
- Is there any wrong motive in the ward preference for the guardian?
- Does the individual have necessary skill and approval to take on a guardian role?
What is the duration of a guardianship?
The duration of a guardianship isn’t specific. It actually depends on what the probate thinks is best for the ward. If the ward is a child, the guardianship will come to an end as soon as the child reaches the age of 18. At this age, the child is deemed capable of making independent decisions. At any point during the guardianship, the ward can decide to petition the court to end the guardianship if he or she believes that the assistance of the guardian isn’t necessary. It can also be the other way round. A guardian can likewise decide to quit, if the individual feels that a guardianship is unnecessary. Also, a court can end the guardianship if the ward dies.
What powers do guardians have?
The power a guardian has depends on the type of guardianship they are assigned to. Generally, once a guardian is appointed, they take on managing specific area of the ward life, either, financial management, medical and personal care. Since, appointed guardian are legally authorized, they can take in key decision making roles on behalf of the guardian. However, there actions will be closely monitored by a guardianship attorney as well as the court which approved of the guardianship. The powers of a guardian are always within his duties towards a guardian.
Here are legal guardian jurisdictions when appointed:
- Handling personal care of the minor.
- Handling assets and finances belonging to the ward.
- Making key financial decisions on behalf of the ward.
Note; the legal guardian will typically act on the orders of the court in accordance with type of guardianship relationship approved.
- In case of a ward who is a minor, the guardian decides where the ward will live.
- Paying the ward bills and taxes.
- Deciding where the ward liquid assets should be held
- Hiring a financial advisor or medical expert to oversee other area of the ward’s life.
- Regularly giving update to the court on the welfare of the guardian.
It is expected that an appointed guardian do not go beyond his assigned duties. Should the guardian need to make key decisions, the ward’s guardianship attorney and the surrogate court must give an approval.
Fee and expenses incurred when appointing a guardianship.
Attorney fee.
Fees and other charges are levied by the court when they appoint an attorney for you. This is part of the guardianship proceedings. The attorney hired has the duty of defending your interest through the court proceeding and even beyond. Even after a legal guardian has been appointed, court proceedings still holds once there is a dispute between the ward and guardian due to non-clarity of roles or the guardians seeks permission to take drastic decisions for the ward, attorney fees would be paid to the guardianship for all documents provided and also for initiating proceedings. In New York, attorney are allowed to charge standard rate for attorney fees.
Other professional fees.
Professional fees are fees paid for healthcare practitioners, expenses incurred to carry out test and medical examinations on the ward. These tests provides documents required by the court to ascertain the level of disability of the ward.
Bottom line.
A court presides over the appointment of a guardianship or conservatorship to a ward. Much more, in New York as in other states, the state laws dictates the financial threshold requiring the appointment of a conservator for a ward.
Contact a guardianship attorney near you 10019 in New York City.
Guardianship attorney are always vital to obtaining the best kind of guardianship. Our attorneys knows how delicate it could be handling someone else affairs and as such handle guardianship with sensitivity and experience. In a nutshell, our attorney would defend your interest, whether you are a ward or an appointed legal guardian.
Contact an attorney closest to you today in New York City.