The state of New York has various types of guardianships for the many different circumstances that can arise. A guardianship is one of the most important elements in an estate plan because it puts you and your assets in another trusted individual’s hands in the event that you are unable to make decisions on your own. It is important to gain knowledge on guardianships and speak with a trusted New York estate planning attorney to discuss what is best for you and your loved ones. Contact the Law Office of Andres D. Gil, PLLC today to get started.
What are guardianships in New York?
A guardianship permits an appointed individual to manage certain tasks for another individual who cannot handle the tasks themselves. This can occur if an adult becomes incapacitated, or more commonly, when for an elderly adult. There are many different types of guardianship that each holds diverse levels of involvement.
What are the different types of guardianships in New York?
There are many types of guardianship that can be chosen depending on each individual circumstances. They 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 manages decisions about the person’s money, investments, and savings. They are required to file an annual report about the properties.
- Guardian of the person and property: This individual is accountable for both life and property decisions.
- Guardian ad litem: This individual is appointed 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 do I choose a guardian?
If you are mentally capable, you may be able to appoint a guardian for yourself through an estate plan. In the event you become incapacitated, your guardian will be able to be your advocate.
A guardian must be over the age of 18. They also must be a legal resident or citizen of the United States, so long as they do not have a criminal record. When thinking about who to choose to be your guardian, it is imperative that you choose someone you can trust. Typically, a relative or loved one will step into this position to take care of the person in need.
If you are considering appointing a guardian, do not wait to contact an experienced estate planning attorney to help you through this process. If a person did not choose a guardian and you would like to obtain guardianship, you will also need the assistance of an estate planning attorney. Contact the Law Office of Andres D. Gil, PLLC to discuss your options.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wishes to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.