Most unfortunately, your loved one may have received a serious medical diagnosis (i.e., Alzheimer’s disease or dementia) and experienced a major incident (i.e., an accident that resulted in a traumatic brain injury), which means they no longer have the mental capacity to take care of essential life functions independently. And now, when it comes to their medical affairs and financial matters, they may not have an advanced healthcare directive or powers of attorney to reference in their estate plan. Based on this culmination of circumstances, you may feel the need to step in as their guardian. Well, please follow along to find out how to petition for guardianship over your elderly loved one, and how a proficient Putnam County guardianship attorney at the Law Office of Andres D. Gil, PLLC can help you determine whether this is the right move to make.
How do I start the process of petitioning for guardianship over an elderly loved one?
To kick things off, you must file a Petition for Appointment of Guardian with the Supreme Court in the New York State county where your elderly loved one resides. At the same time, you must supplement your petition with evidence that your elderly loved one is unable to care for their personal needs or personal property due to a mental incapacity. Thus, your elderly loved one is likely to suffer harm because they cannot understand the consequences of being unable to do so.
Specifically, this proof may entail your loved one’s medical records, along with an independent evaluation by a qualified physician, psychiatrist, and/or social worker. Also, you must demonstrate to the court that you are the right person to serve the role as their guardian. Once this is all submitted, you should formally notify your loved one and any other interested parties about your petition. At this point, all that is left is to wait for your scheduled court proceedings.
What alternatives to guardianship should I consider before filing a petition?
You must understand that a guardianship order strips your elderly loved one of significant legal rights. And so, the court may not grant your petition unless it deems it absolutely necessary for your loved one’s well-being. This is why we encourage you to consider alternatives to guardianship before initiating this legal process. Examples are as follows:
- A durable power of attorney: your loved one may not have lost full mental capacity yet, and can appoint an individual to make their medical decisions and manage their finances.
- An advanced healthcare directive and living will: still having mental capacity, your loved one can outline their medical wishes and appoint a healthcare agent to execute them.
- Represented payees: your loved one may only have trouble managing their Social Security benefits, so they may only need to acquire a represented payee through the program.
There is no need to wait any longer to hire a talented estate planning attorney in Putnam County if you are already ready to get on with your petition. Reach out to our law firm, the Law Office of Andres D. Gil, PLLC, at your earliest possible convenience.
