When is the Right Time for a Legal Guardianship?

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.

Author: Tanya Hobson-Williams

Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John's University and her law degree from Benjamin N. Cardozo School of Law. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.

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Testimonials

“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)

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