Because no two family law matters are the same, it is important to have the representation of a legal professional. There are family law attorneys that specialize in cases regarding parental rights, paternity tests, divorce and more. One of the stickiest parts of a divorce is figuring out custody and visitation matters. When you are attempting to establish guardianship parameters, it is important that you do so under the guidance of a New York lawyer.
Guardianship: Defined
Guardianship is the word used to name a legal arrangement in which a court grants a person the legal right to make decisions for another individual who is incapbable of making decisions for themselves. The individual might be a child, an adult who is incapacitated or a person who is developmentally disabled.
In New York, guardianship cases are heard in the Family Court, Supreme Court or Surrogate's Court, depending upon the type of guardianship being sought and the person over whom guardian would be appointed.
Guardianship Vocabulary
When there is a guardianship, one individual is given the legal authority to make a decision for another.
The Guardian. This is the one who is appointed by the court to have the legal right to make decisions for the other person. Anybody can make an application. To be a guardian, you need to be over the age of 18. You also need to be a legal resident or citizen of the United States. A person with a criminal record might not be appointed to serve as a guardian. A Judge will make the final ruling as to who can be the guardian.
The Ward. This is the individual for whom the Guardian is authorized to make decisions. A Ward might not have the cognitive or communicative capabilities to make well thought out decisions for themselves or have the capacity to give their informed consent for personal, medical, or financial matters.
The Four Types of Guardianship in NY
In NY, a guardian can have guardianship over several different aspects of a ward's life:
Guardian of the person. A guardian of the person is authorized to make life choices for the ward. These choices can pertain tohealth care, education and welfare decisions.
Guardian of the property. A guardian of the property handles any decisions regarding the ward's money, investments and savings as directed by a Judge. A guardian of the property is ordered to file an annual report about the ward’s property as part of his or her duty.
Guardian of the person and property. This type of guardian has the combined responsibility over both the ward's life decision and the ward's property.
Guardian ad litem. During a court case, a guardian ad litem gets assigned by a Judge to act on behalf of a person when they are not able to defend their rights or protect their own interests on their own.
Depending on who the Ward is and how much help that individual needs, a guardianship case is filed in Family Court, Surrogate's Court, or Supreme Court.
On top of hiring a New York family law firm, you need to protect yourself and follow the tips in this guide:
- Prove your ability to provide guardianship
- Speak to the other parent to find common ground
- Reach out to a family law firm that is skilled