If you have a loved one who has or needs a Guardianship, the person appointed as Guardian should be able to adequately manage the person’s affairs. However, in some circumstances you may want to contest the guardianship. But when might you want to contest a guardianship, and what does that involve?
Obtaining guardianship for a loved one is a dramatic and unpleasant occasion, but it is often an essential step towards protecting a person and ensuring they receive the assistance they need. Unfortunately, many people become guardians without understanding the responsibilities that entails. Here are five things you need to know about becoming a guardian:
The appointment of a Guardian plays an important role in ensuring that people who cannot care for themselves, will have someone appointed to manage their personal and financial needs. When is the right time to seek guardianship for your loved one? Here are some of the primary reasons that people will apply for guardianship for someone they care about:
Pop star Britney Spears successfully had her father suspended as conservator for her estate. Spears, who has been under a legal conservatorship since 2008, celebrated the victory, although she said she has “a lot of healing to do.” In the meantime, she will remain under a temporary conservatorship, until another hearing on ending the conservatorship entirely this November.
Britney Spears, once one of the most popular musical performers in the world, has been mostly out of the public eye for years. However, due to issues with her mental health and substance abuse, James Spears was appointed conservator for Britney in 2008 in the state of California. She is now seeking to have that conservatorship modified or ended entirely, based on allegations that her father has abused his power as her conservator. Continue reading “Britney Spears Seeks an End to Her Conservatorship”
When someone becomes incapacitated or otherwise unable to make their own decisions for themselves, one of two things will happen. If the person has already signed a power of attorney, that will take effect, and whoever has been granted the power of attorney will make decisions on that person’s behalf from then on. However, if they do not have a power of attorney, a guardian will be appointed to fill a similar role. But what is the difference between someone being granted power of attorney, and someone being appointed a guardianship? Continue reading “What is the Difference Between a Guardianship and a Power of Attorney?”
Chances are that, at some point in your life, you’ve heard of a “guardian” before, especially in the context of children, or older relatives, or people with certain disabilities. However, you might not know what a guardian is, or why someone might have one. Fortunately, the idea is easy to understand, and it’s good to know about just in case you, or someone you know, has a guardian appointed for them. Continue reading “What is a Guardianship?”
Under Article 81 of New York’s Mental Hygiene Law, a court is authorized to appoint a guardian to manage personal or financial affairs of an incapacitated person. Not all guardianships will be the same, as they are tailored to the necessities of the incapacitated person known as the ward. Some guardianships will only be granted to provide assistance with one specific need, whereas others will include assistance with many needs. Continue reading “Becoming a Legal Guardian”
The Caregiver Advise, Record and Enable Act (CARE), signed by Governor Andrew Cuomo on October 14, 2015, has been fully enacted as of January 7, 2016. The law requires hospitals to allow a caregiver to be added to a patient’s record when being admitted. The law goes further in requiring hospitals to keep the caregiver well informed about how to care for the patient, even training the caregiver before the patient is discharged.
Approximately 65 million people collect Social Security benefits on a monthly basis, including retired and disabled workers. Typically the government adjusts Social Security benefits annually to reflect cost-of-living increases. The government recently announced that there will be no cost-of-living adjustment (COLA) for 2016. This is only the third time in the past 40 years that the Social Security Administration has not increased its payments.
“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”
-K. Durham. (An attorney in Bermuda transferring a Bermudian guardianship to NY)