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Brooklyn Guardianship Law Lawyers

Should any individual in New York not be able to care for themselves, they may benefit from having a legal guardian appointed to care for them. This will be done in accordance with New York’s guardianship laws. Should a minor child not have anyone able to care for them, they could be assigned a legal guardian. If someone is developmentally or intellectually disabled; they could be assigned a guardian. Older people suffering physical or mental problems and more are increasingly being appointed a guardian.

Guardianship Process
The process of establishing a guardianship for an individual begins with filing paperwork known as a “Petition for Appointment of Guardian.” This is done with the appropriate court in the county where the individual needing a guardian resides. The petition can be filed in either Family Court or Surrogate’s Court. A judge will officially appoint someone to be a guardian with an order referred to as “letters of guardianship.” This document will identify the type of guardianship given.

Types of Legal Guardianship
In the state of New York, there is backup guardianship. This person will be available if the original legal guardian is unable to perform their duties. There are four other types of legal guardianship. It’s possible for someone to be assigned as a guardian of someone’s property. These individuals will be responsible for a person’s finances. Someone could also be appointed as a guardian ad litem. These individuals will be an advocate for a child’s best interest during legal proceedings. There is also a stand-in guardian. This is a person who is assigned to make decisions for a child if their parents become incapacitated because of health reasons and more.

Individuals Under Guardianship
Most of the people who are under some type of guardianship in New York are female. Almost 60 percent are 65 years old or older. Approximately 30 percent of them reside in skilled nursing homes. Over 20 percent are children living with family members or other people. There are also 10 percent who are living in a hospital setting.

Grandparents
It is possible in New York for grandparents to seek guardianship over their grandchildren. They will be required to prove it is necessary because of extraordinary circumstances. If grandparents can prove extraordinary circumstances, a judge will determine if they should be made the legal guardians. When individuals request guardianship in this situation, any report of maltreatment or abuse of a child will negatively impact a judge’s decision. If there are such reports available; it will be considered by a judge when making their decision.

Who Can Be A Legal Guardian
Requesting a court to be appointed a guardian for a child who is less than 18 years old or an incapacitated person can be done by anyone. Parents will be notified if an individual requests for a court to appoint them the guardian over their child. If a child is 14 years old or older, their input and consent may be considered when determining guardianship. It is also possible for a parent to consent to have someone become a guardian for their child.

Incapacitated Family Members
It is possible for a family member to become incapacitated and need to have a guardian. In this situation, a guardian can be given the authority to take care of the daily living activity like bathing, dressing and more. It’s possible for a guardian to be able to prevent an incapacitated family member from being taken advantage of by people who get money by fraud as well as end physical abuse and more.

When a guardian needs to be appointed, it is essential to discuss the situation with an experienced attorney. A person will want to understand their circumstances and what they can expect from the court. An attorney will know what is required to get the result a client desires.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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