How Do I Appoint a Guardian in My Estate Plan?

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Throughout life, people often face many unexpected situations that can cause different problems. This may be if you are not around and need another person to take care of your loved ones or belongings. That is why it is important to be prepared and have an estate plan in place that outlines how to deal with these problems. Within an estate plan, these matters can be taken care of by establishing guardianship. Continue reading below and contact an experienced New York estate planning attorney to learn more about including a guardian within your estate plan.

What is Guardianship?

A guardian may be needed in the event that you need an individual to make important decisions either for you or another party who is unable to do so for themselves. There are a variety of reasons as to why this may be needed within an estate plan. In the state of New York, there are different types of guardianship that serve their own purposes. This can include the following:

  • Person: Guardianship may be needed for people in different ways. This may be for a minor in the event that a parent dies, leaves the country, or becomes too sick to take care of them. When this happens, a judge in Surrogate’s Court can approve the designation and the person named in the estate plan can become the child’s legal guardian. This allows them to make decisions for the child such as healthcare, education, welfare, etc. Alternatively, if an elderly person becomes unable to take care of themselves, they may need a guardian to do so for them.
  • Property: A guardian of property has the job of taking care of decisions relating to an individual’s money, investments, and savings. They must also file an annual report about the properties. 
  • Person and property: A guardian is named to take care of and make decisions for both another person’s life and their property.
  • Ad litem: This type of guardian is appointed by a judge to act in place of another individual during a court case if they cannot defend their own rights and best interests.

How Do I Choose a Guardian?

The purpose of appointing a guardian is to take care of the people or property that are important to you. This is an important job to have, which is why it is crucial that you choose guardians carefully. This individual should be a stable, trusted individual that can act on your behalf and not take advantage of your estate plan.

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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