Guardianship Attorney in Brewster, NY
Over the course of a lifetime, families are faced with challenging situations. Sometimes, a loved one cannot make decisions for themselves and needs to have a guardian appointed. The state of New York allows a guardian to be appointed to minors and disabled individuals to ensure that their personal and financial matters are handled. If you are thinking about trying to become a guardian for a loved one, it is important to have an experienced guardianship attorney to help you through this process. The Law Offices of Andres D. Gil, PLLC can effectively lead you and your family through this legal process. Contact our office today to discuss your situation.
What is a Guardianship?
An Incapacitated Person (AIP) is someone who needs assistance to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in the Supreme Court or County Court under Article 81 of the Mental Hygiene Law. An Article 81 Guardianship is very individualized and specific to what decisions are made by the guardian and what decisions are made by the person with the disability. The Judge will appoint a court evaluator. As the eyes and ears of the Court, the court evaluator will meet with the possible incapacitated individual, investigate and report whether or not a guardian should be appointed and, if so, what powers the guardian should have. The Court will always hold a hearing. Generally, it is best if a lawyer handles this kind of guardianship case.
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
- Guardian of the property
- Guardian of the person and property
- Guardian ad litem
What is the role of a guardian?
A guardian of the person can make life decisions for the ward like health care, education, and welfare decisions. A guardian of the property handles decisions about the ward’s money, investments and savings directed by a Judge. A guardian of the property must file an annual report about the property. A combination of the two is the guardian of the person and property—this type of guardian is responsible for both the ward’s life decisions and property. A guardian ad litem is assigned by a Judge to act for a person during a court case when they cannot defend their rights or protect their own interests.
Applying for a Guardianship
In a Guardianship, one person has the legal right to make a binding decision for another person. 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. It is important to demonstrate in pleadings that less intrusive means were attempted but failed to provide adequate resources to provide to the physical and financial well-being of the proposed ward. Contact us for a free consultation to discuss your matter.
Contact a Putnam County Guardianship Attorney
If you or a loved one is considering a guardianship in the state of New York, it is important that you have strong legal guidance to assist you in the process. At the Law Offices of Andres D. Gil, PLLC, we can effectively help you understand the role of a guardian and how it can benefit your loved one. To discuss your particular situation and help you move forward, contact the Law Offices of Andres D. Gil, PLLC today to schedule a consultation.