If an adult is unable to provide care for themselves, or manage their personal or their financial affairs, then in many cases one of their immediate family members or some other responsible adult will be appointed as the guardian or conservator by the court if there is no Durable Power of Attorney or Advance Medical Directive. The individual who is needing this type of guidance or care may be someone suffering from a disability, a minor, senior parents, or an individual who has a severe or incapacitating condition, such as alcoholism or Alzheimer’s disease.
New York Options for Guardianship
The court can arrange two different types of guardianships: an individual who is named guardian of a minor child, or a guardian for someone over the age of 18 who is no longer able to properly take care of him or herself. The Supreme Court will take care of assigning a guardian for an individual who is over the age of 18. If it is a situation where parents are not able to care for their minor child, then family court will appoint the guardian.
It is presumed in New York that a person who is over the age of 18 will have the ability to properly manage their affairs, both financially and personally speaking. If there is a case of adults who are unable to provide care for themselves, then this will likely be decided upon by the court. The court will evaluate the circumstances surrounding the case and may speak to a medical professional to verify that the individual is, in fact, incapacitated and in need of guardianship. If you are facing a case of voluntary guardianship, then older people can make the choice to have their decisions determined by a person that they trust in relation to assets, their estate, or their long-term care.
For minors, guardianship is assigned due to their parents not being able to care for them due to some type of issue such as abandonment, abuse, neglect, or death. Children may also be placed in the care of a relative for a temporary period of time. In these situations, the person who is named as the guardian has the exact same types of legal rights and authority over the child in question as their parent.
The Importance of Legal Counsel
For anyone, both adults and children, who are not capable of communicating or making decisions regarding their affairs, the court will appoint a guardian who will then take over this responsibility. It is recommended that you look for legal counsel from attorneys who fully understand guardianship affairs in the state of New York in order to understand the different guardianship types that can be appointed by the Supreme Court.
There is no question that for minor children or incapacitated adults, guardianship can have a huge impact on their financial and personal rights. Those who wish to learn more about filing a petition for guardianship should consider seeking legal counsel as soon as possible to begin the process.
Guardianship Legal Counsel in Long Island, NY
The LI (Long Island), NY Law Office of Andrew M. Lamkin, P.C. offers clients experience as well as providing comprehensive evaluations in order to see to the needs of those who have become incapacitated or are living with any type of disability. I can offer legal counsel to guardians and conservators to ensure that the management of their loved ones’ personal and financial affairs are handled properly. For anyone with questions, contact me for a free consultation. Call today for a meeting, which can take place in my office or at your home, to discuss all of the matters that pertain to the long-term guardianship of your loved one.