A guardianship is one of the most important aspects of any estate plan. You may wish to choose a guardian for yourself, for a loved one, or appoint yourself as someone else’s guardian. There are a lot of different options when it comes to guardianship. As a result, it is important to educate yourself on the topic in order to determine what is best for you and your loved ones. Read on for more information about guardianships in New York.
What is a Guardianship?
A guardianship allows an appointed individual to handle certain tasks for another individual who may not be able to handle these tasks themselves. This may occur in the event that an adult becomes incapacitated. The role of a guardian will greatly depend on the situation. As a result, there are multiple types of guardianship, each with different levels of involvement.
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 Choose a Guardian?
If you are of sound mind, you may appoint a guardian for yourself. This person would take on the role in the event that you were to become incapacitated. You will want to pick a close friend or family member whom you trust. In some cases, an individual will need a guardian, but will not have chosen one previously. In this case, a guardian must apply or be appointed. 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 have any questions regarding guardianship in New York, contact our firm today to speak with an experienced 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.