Depending on your circumstances, it may be necessary to seek a legal guardianship over a relative or someone you care about. Guardianship often is the result of unforeseen circumstances. When exactly is the right time for you to seek a legal guardianship over your loved one, and what should you do if that time comes?
What is a Legal Guardianship?
In simple terms, a legal guardianship is an arrangement where someone (known as a guardian) is placed in charge of another person (known as a ward) in order to manage their personal and/or financial affairs. A guardian can be authorized to make financial, and/or medical decisions on the ward’s behalf. However, a guardian also has a responsibility to ensure their ward is safe and that their needs are met. The guardian must also keep track of all financial transactions made with their ward’s money if they are appointed guardian of the property.
What is Involved in Obtaining Guardianship?
To obtain a legal guardianship in New York, you must go to court (which will vary depending on the type of guardianship you are seeking) and petition the court to obtain guardianship. You will then have a chance to submit evidence that the person needs a guardian, and that you would be the best person to assume that role or you could nominate someone else as guardian or allow the court to select an appropriate guardian. The court will then decide whether to appoint a guardian, and if so, who would best handle the ward’s affairs.
When Should You Seek Guardianship?
There are a number of reasons why you might need to obtain a legal guardianship for someone. These include, but are not limited to:
- The person is a minor whose parents are unable or unwilling to care for them;
- The person was seriously injured due to an accident and cannot handle their own affairs;
- The person became seriously ill from an infectious disease or other acute medical condition;
- The person has a congenital or chronic ailment and are permanently disabled;
- The person has dementia or other cognitive issues and are no longer able to make their own decisions
What Should You Do?
If your loved one fits any of the above circumstances, you may want to consider seeking a guardianship for them. However, to know how best to handle the situation, you should speak to a lawyer with experience handling guardianship law and other related matters. They can speak to you about your potential options and ensure you get the best possible outcome for your case.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
