What is Guardianship?
Guardianship gives another person legal authority to make health care decisions, financial decisions, and property management decisions for people who are unable to make those decisions for themselves under guardianship proceeding. Note: This person must be categorized as an incapacitated person (IP). If you are in need of legal assistance, call our office. We have almost twenty years of experience as New York Guardianship Attorneys.
Article 81 Guardianship is used to appoint a guardian to assist an allegedly incapacitated person to manage his/her property and financial affairs. The incapacitated person must agree to accept court’s decision, or his disability must be proven to court.
Article 17A Guardianship is used to appoint a guardian to an intellectually or developmentally disabled person. The guardian's duties in this type of guardianship will include pretty much all the responsibilities that a parent has to a child. This guardianship is specifically used to provide guardians for disabled people, whose disabilities began in their childhood, including disabilities in connection with cerebral palsy, autism and other neurological impairments.
What is 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.
What are the Benefits of Guardianship?
- Consents authority for guardian to pay bills of the incapacitated person
- Gives power to prevent self-neglect of incapacitated person
- Allows guardian to prevent financial abuse of incapacitated person
- Authorizes guardian to engage in Medicaid planning and tax planning
What is the Process of Guardianship?
A person must ask and petition the court to appoint a guardian. When the petition is filed, the court will conduct and evaluate an investigation to check the facts and circumstances of the individual case. The court then approves whether or not an appointed guardian is necessary. This is discussed in court at a specified hearing date and close family members receive notice of the petition. The abilities of the incapacitated person are evaluated. The court renders a decision after the hearing.
The Law Office of Inna Fershteyn is comprised of a group of experienced, leading New York guardianship attorneys who can help people initiate guardianship proceedings.
What We Can Do:
- Assist with filing a petition to appoint a guardian
- Help gather necessary documents that show that the person needing assistance is an incapacitated person.
- Give the approved guardian consent to pay bills and prevent self-neglect of the incapacitated person.