Adults

Understanding Adult Guardianships in New York

Guardianships in New York are established to safeguard the rights and interests of incapacitated adults. These individuals may be suffering from a mental or physical disability, dementia, or any condition that impairs their ability to make informed decisions regarding their personal well-being and financial matters. There are two primary types of guardianships in New York: guardianship of the person and guardianship of the property.

• Guardianship of the Person: This type of guardianship empowers the appointed guardian to make decisions on behalf of the incapacitated person regarding their personal affairs, including medical treatment, living arrangements, and other aspects of daily life. It is essential for ensuring the well-being and safety of the individual.
• Guardianship of the Property: Guardianship of the property focuses on managing the financial affairs of the incapacitated person. The guardian has the authority to handle their assets, income, and expenses. This type of guardianship is critical to protect the individual’s financial resources and prevent exploitation.

The Complexity of the Legal Process

The process of establishing an adult guardianship in New York is laden with complexities, necessitating a thorough legal understanding and adherence to stringent regulations. It is the court’s responsibility to determine whether guardianship is indeed necessary for the incapacitated person. The court also has the authority to appoint a guardian, and this is where the complexities often arise.

In many cases, the person in need of a guardian has a family member or close friend willing to take on the responsibility. However, the court may appoint a stranger as the guardian if it determines that the individual’s interests are not adequately protected by family or friends. This decision can be emotionally distressing for all parties involved, especially when family members disagree on who should be the guardian.

We play a crucial role in adult guardianship cases in New York. We help with the following:

• Petition Preparation: Attorneys assist in preparing the necessary legal documents, such as the petition for guardianship, to initiate the legal proceedings.
• Court Appearances: Attorneys represent their clients in court, presenting evidence and arguments to support the appointment of a specific guardian or to contest the appointment of a guardian if it is deemed unnecessary or not in the individual’s best interest.
• Compliance with Legal Requirements: Attorneys guide their clients through the complex legal requirements and ensure that all necessary documentation is filed in a timely and accurate manner.
• Resolution of Disputes: In cases where family members or interested parties disagree on guardianship matters, attorneys work to negotiate settlements and resolve disputes through mediation or litigation when necessary.

Adult guardianships in New York involve multifaceted legal proceedings with far-reaching consequences for both the incapacitated individual and the appointed guardian. The complexities of the process can be further intensified by the potential appointment of a stranger as the guardian, underscoring the importance of competent legal representation.

Call us to help you navigate the intricate legal landscape of adult guardianships. While the responsibility of being a guardian is significant, with our guidance and expertise you will achieve a fair and just outcome for all parties involved in these challenging legal matters.