What is a Guardian?
A guardian is typically a family member or a close friend appointed by the court to make decisions for a loved one regarding health care, personal affairs and financial matters.
A guardian may collect and invest assets and assist with paying bills, living arrangements and medical treatment.
WHY GUARDIANSHIP?
If you have a loved one with an intellectual or developmental disability or who at some point becomes unable to make personal and financial decisions, guardianship may be necessary.
GUARDIANSHIP RESPONSIBILITIES
Managing assets, debts and making other financial decisions
Consulting with the individual in need of a guardian on medical decisions (or making them outright)
Managing daily routines and living arrangements and assisting with participation in community life
GUARDIANSHIP RESPONSIBILITIES
Managing assets, debts and making other financial decisions
Consulting with the individual in need of a guardian on medical decisions (or making them outright)
Managing daily routines and living arrangements and assisting with participation in community life
Does Everyone Need a Guardian?
Some people who might otherwise need a guardian can be served in a less restrictive way, including the following:
WHY GUARDIANSHIP?
01: Advance medical directives or healthcare proxies
02: Personal caregivers
03: Powers of attorney
04: Representative payees
05: Trusts
GETTING STARTED
GUARDIANSHIP OF A CHILD WITH SPECIAL NEEDS In New York State, regardless of the severity of your child’s disability, at the age of 18 your child is legally considered a competent adult.
GETTING STARTED
GUARDIANSHIP OF A CHILD WITH SPECIAL NEEDS If your child is unable to make decisions independently due to a developmental disability a guardian must be appointed by the Surrogate’s Court.
Certifying the disability of the person in question
Submitting Doctor’s affirmations in support of said disability
Clarifying why the person is unable to manage his or her own affairs
A CHILD WITH DISABILITIES
Attending a hearing after the application is submitted before a judge
GETTING STARTED
GUARDIANSHIP OF AN ALLEGED INCAPACITATED PERSON If your adult loved one requires financial or medical decisions be made on their behalf, a guardian must be appointed by the Supreme Court.
FILING A PETITION
A guardianship attorney at Littman Krooks can assist you in drafting and filing a petition for guardianship, which involves the following:
FILING A PETITION
Once a petition is filed, the court then grants a hearing to determine if the alleged incapacitated person is incompetent and to decide who will serve as a guardian.
FILING A PETITION
FILING A PETITION
During the hearing, a judge listens to testimony on whether an individual can sufficiently manage their own needs.
FILING A PETITION
The Court will grant authority to the guardian that is appropriate to satisfy the needs of the alleged incapacitated person.
We can explain your rights and the duties of the guardian, and file the appropriate documents to ensure that the authority of the guardian is no more intrusive than necessary.
We take pride in helping you create a plan that will protect your family's future.