Guardianship  in New York

Your Guide to:

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.

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A guardian may collect and invest assets and assist with paying bills, living arrangements and medical treatment.

When is Guardianship Necessary?

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

Guardian 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

Guardian 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:

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Guardianship Alternatives

WHY GUARDIANSHIP?

01: Advance medical directives or healthcare proxies

02: Personal caregivers

03: Powers of attorney

04: Representative payees

05: Trusts

What is the Process?

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.

What is the Process?

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

What is the Process?

A CHILD WITH DISABILITIES

Attending a hearing after the application is submitted before a judge

What is the Process?

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 for Guardianship

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 for Guardianship

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 for Guardianship

FILING A PETITION

The Court will grant authority to the guardian that is appropriate to satisfy the needs of the alleged incapacitated person.

Guardianship

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.

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We take pride in helping you create a plan that will protect your family's future.