Guardianship Law Attorney In Long Island
In New York City, Guardianship is an important legal tool that allows another person or a legal guardian to make decisions on behalf of another, typically called the ward. Financial decisions, medical and health, and personal choices can be taken by the guardian; however, the best interest of the ward is essential. A guardian is usually approved and appointed by the court.
There are different types of guardianship and whether you’re petitioning for a guardianship or opposing, you need a law attorney. Long Island Guardianship law attorney has represented the interest of individuals, persons, and family who needs a guardian in court in the major cities in New York. With the right assistance of an attorney, you get the correct type of guardianship as well as a hassle free trial process in the court by drafting and filing the proper documents and defending your interest.
Meanwhile, after a petition has is filed, the court orders a hearing and evaluates the cases involved for guardianship. Reports are obtained to determine whether the disabled or the ward requiring a guardian is incompetent. The court then decides the appropriate guardianship needed to satisfy the needs of the ward.
Function of Guardianship
Guardianship is a legal arrangement that generally requires the court to appoint or approve a guardian for the ward, basically to make financial, legal, medical decisions. The ward must be a citizen or a legal resident of the United States. There are several reasons for guardianship. For a child or minor, there might be limited ability to give consent to financial, medical, or personal decisions, a significant reason why a legal guardian would be of help. Furthermore, guardianship for a child could be likened to the duties of a parent, as it may include, paying for shelter, clothes, and education, protecting the child from hazards and maintaining the child physical health and emotions.
For incapacitated or mentally disabled individuals who cannot live independently of the care of others, guardianship is of the essence.
Time length and type of guardianship
The court considers the needs of the ward in appointing a guardian and more importantly, the appropriate type of guardianship. There are several guardianship which reflects the extent of legal power given to the guardian to make decisions on behalf of the ward. For instance, a full guardianship ensures that the ward has no input take in taking any decisions. Whereas a limited guardianships is a more restrictive, and decision making is limited to only a specific area. Short term guardianship is given in cases where the ward requires such for a little time. With your interest represented by a guardianship attorney, the court would issue an appropriate guardianship.
Long Island guardianship law attorney can help.
Article 81 of the Mental Hygiene Law authorizes the court to appoint a guardian when the following conditions are met: (1) selecting a guardian is necessary to provide management for someone else’s financial or property affairs, or their personal needs, and (2) the person agrees to this appointment.
Furthermore, Article 17-A guardianship may be appropriate for people over age 18 who are mentally disabled under the Surrogate’s Court Procedures Act. Obtaining this type of custody is necessary to file the petition with a medical certification from a doctor. The certification must state that the person to be a ward has a disability and cannot manage their affairs. The Surrogate’s Court has the authority to appoint a guardian of the person, property, or both, but often these guardianship are broad, covering both personal and financial matters. In most cases, In most circumstances, long island guardianship law attorney can help draft and file documents for guardianship over persons as well as properties.
Once a petition has been filed, the court holds a hearing for guardianship, during which the petitioner should present clear and convincing evidence of a potential ward’s disability of taking decisions and likelihood of suffering harm without the appointment of a guardian. Often, there is a dispute about whether the potential ward truly needs a guardian. A guardianship attorney would represent your full interest and get the appropriate guardianship.