Last Updated on
In the state of New York, guardianship is looked at as an issue where the court appoints another person to oversee the affairs of an individual who cannot to it for themselves. Guardianship can include parents, children, grandparents, people with disabilities or any other person who may be incapacitated. If there is an issue involving guardianship and you need help, seek out the services of lawyer who has experience in guardianship issues. They can provide you with all the information you need to make the proper decisions.
Guardianship cases are never easy. They can cause a great deal of stress and even bad feelings between family members. There is certain criteria that must be met to ensure the individual’s estate is intact and taken care of. All of the individual’s needs must be met or it can be revoked.
There are four types of guardianship:
Guardianship of a person. This is when life decisions of the ward are handled by the guardian. This could be health, welfare and even educational decisions.
Guardianship of property. This means the guardian handles the financial part of the estate. This includes investments, savings and checking accounts. According to New York law, the guardian is required to submit a financial statement each year on the status of the ward’s property.
Guardianship ad litem. With this, the guardian acts for the ward during court cases due to the fact that they cannot protect their own interests.
Guardianship of person and property: The guardian handles issues affecting the ward’s person and property.
Guardianship is established in court. The proper court papers must be filed by parties, which states their interest in becoming the guardian. In most cases, it can be social services, the child’s parents or other who file this paperwork. Once the paperwork is filed, a hearing will be held where the petitioner will have the chance to support why the want to obtain guardianship. Sometimes the court will order home visits. The petitioner will also be subject to a background check.
When the court makes a determination, the petitioner will receive a letter in the mail advising them of the decision. If approved for guardianship, the letter will also contain the specific guidelines the petitioner must follow. If you need more information about filing for guardianship, it is important to find a guardianship lawyer. The will give you advice on how to properly file paperwork.
If guardianship is for a child, there are many things that should be consider:
The guardian is required to be at least 18 years old
The guardian’s interest in the child should be genuine
The guardian must have enough time to fulfill their obligations
The guardian must be financially stable enough to rear the children either with their own money or with the assets left by the parents
The guardian must have no background that could come into question
The guardian must have enough time to care for the child even if they have their own children. If they have no children, they should be able to provide the child with the care that is needed.
Guardianship must be done by a person who has deep concern about the individual. While it may seem mostly uneventful, guardianship can be complex and difficult. Let a guardianship lawyer help you make the necessary decisions regarding guardianship. They will make sure all of the proper paperwork is filed so the process goes as smoothly as possible. Call a skilled attorney today for a free consultation.