New York City Guardianship Attorney

What is a Guardianship?

Guardianship gives another person the legal authority to make health care, financial, and property management decisions on behalf of people who are unable to do so for themselves under a guardianship proceeding, which oftentimes requires legal counsel from a New York Guardianship attorney. In order for this proceeding to occur, this person must be deemed as an incapacitated person (IP).

What is an Adult Guardianship?

Adult Guardianship, also known as adult conservatorship, is a legal process where a court determines that an individual, due to severe disabilities, is unable to make competent decisions about their medical care, living conditions, or other essential needs. If the court finds that the individual’s disability significantly impairs their decision-making abilities, it will appoint a legal guardian to make decisions on their behalf.  

Role of a NYC Guardianship Attorney

Navigating the guardianship process can be complex and time-consuming. An NYC Elder Attorney can streamline this process, ensuring it proceeds smoothly and efficiently. They  assist in gathering necessary documentation to help prove incapacitation, filing petitions, and representing clients in court hearings. Once a guardian is appointed, the attorney provides guidance on managing the ward’s affairs, including paying bills and preventing self neglect. 

Steps to Obtain Guardianship

1. Certification of Disability: Obtain a letter or report that certifies the legal disability of the individual who needs a guardian.
2. File a Petition: Submit a petition to the court, which then issues a court summons to the ward.
3. Court Hearing: Present evidence at a hearing to prove the necessity of guardianship. The court will determine the guardian’s role and authority. This whole process typically takes between two weeks to two months, but can be expedited in emergency situations.

Types of Guardianship

• Child Guardian: Appointed for minors who need a guardian other than their parents. The guardian assumes responsibilities similar to a legal parent, including providing basic needs and managing the child’s property.
• Guardian of Property: Manages a minor’s property until they turn 28 and reach. Often, the same person is appointed as both the guardian of the person and the property.
• Guardian ad litem (GAL): Appointed by a judge to represent a person who is not able to be present during a court case. The guardian is responsible for protecting their rights and interests. This role is typically temporary and specific to that one court case.

Frequently Asked Questions

How long does a Guardianship last?

A guardianship can last indefinitely unless modified, revoked, or terminated. The court may do so if evidence becomes available that the ward is no longer incompetent and can make decisions independently.

Who is considered an Incapacitated Person (IP)?

An incapacitated person is an individual who the court has deemed to lack the ability to manage some or all of their essential health and safety requirements. This individual may not have the ability to make or communicate responsible personal decisions.

How Do I Challenge a Guardianship?

You can challenge a guardianship if the proposed guardian has a history of violent behavior, alcohol abuse, or drug abuse, or if they are incapable of managing the ward’s needs or estate. Additionally, if there is new evidence suggesting the ward is competent, this can also be grounds for challenging the guardianship. 

What Happens at a Guardianship Hearing?

At the guardianship hearing, the judge questions the “guardian to be” and hears any challenges before making a decision. After the judge has all the information from everyone, the judge may decide immediately whether to allow or deny the guardianship.

Can Guardianship be Temporary?

Yes, in some cases, the court may appoint a temporary guardian if immediate decisions need to be made on behalf of the incapacitated person. This temporary guardianship can later be made on behalf of the incapacitated person. This temporary guardianship can later be made permanent after going through a more comprehensive court hearing.

Areas Served

With over 26 years of experience, the Law Office of Inna Fershteyn, P.C., located in Brooklyn, serves clients throughout New York City, including Manhattan. For legal assistance or representation in guardianship cases, contact us at (718) 333-23295 to schedule an appointment.