Guardianship in New York | What to Know

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We turn to estate planning in order to take care of ourselves. For example, we make healthcare directives to ensure that our wishes are followed when it comes to our end of life care. But, estate planning can help others as well. For example, some people choose to create a guardianship in order to care for a loved one who can no longer care for him or herself. Read on to learn more about guardianships in New York and the process of creating a guardianship.

What is a Guardianship?

Sometimes, an adult will become incapacitated and may struggle to take care of personal or financial matters on his or her own. This may also apply to an elderly or disabled adult. In these cases, the struggling individual may need help managing these aspects of his life. A family or close friend may take on the role of guardian. This will allow the individual’s loved one to handle the aspects that he is struggling with. There are different types of guardianship that allow a guardian to do different things.

Types of Guardianships

There are several different types of guardianship that can be appointed depending on the individual and his or her situation. These include the following:

  • Guardian of the person: This individual makes life decisions for a person, including health care, education, and welfare.
  • Guardian of the property: This individual handles decisions about the person’s money, investments, and savings. They are obligated to file an annual report about the properties.
  • Guardian of the person and property: This individual is responsible for both life and property decisions.
  • Guardian ad litem: This individual is assigned by a judge to act for an individual during a court case in the event that they cannot defend their rights or protect their own interests.

 How to Obtain Guardianship

In a guardianship, one person has the legal right to make a binding decision for another person.  In some cases, a person has chosen a guardian while he or she was still of sound mind. But, a guardian was not chosen, you will have to apply for guardianship. In essence, you as the applicant are stating that your loved one does not have the cognitive or communicative capacity to make decisions for themselves and/or are unable to give informed consent for personal, medical, or financial affairs. Courts generally rule towards the least intrusive means.

If you believe your loved one would benefit from a guardianship, contact our firm today to discuss your options with a skilled estate planning attorney.

Contact our Firm

If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.

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