Guardianship
About Guardianship Law
Guardianship is a legal process that grants authority to make personal and/or financial decisions for someone who is no longer capable of doing so.
Do you know someone with dementia so advanced that he can no longer care for himself?
Is a loved one being taking advantage of financially?
Has your parent, friend or neighbor recently changed her Will, Power of Attorney, or Health Care Proxy, putting someone in charge who is less than trustworthy?
Have you learned that someone has fallen victim to a romantic scam or catfishing?
Do you have a loved one that has suffered from a traumatic brain injury?
Samantha can create a guardianship tailored to the individual needs of your loved one. There are different types of guardianships for different circumstances.
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Article 81 of the New York Mental Hygiene Law - for individuals who are unable to provide for their personal needs or are unable to manage their financial affairs, and who cannot understand the nature and consequences of such inability. This type of guardianship is frequently used for adults who have previously been capable of governing their own lives, but whose capabilities have been eroded by dementia or other mental and/or physical decline.
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Article 17A of the New York's Surrogate's Court Procedure Act - for developmentally disabled individuals; frequently initiated when the disabled individual reaches age 18, so that the individual's parents can continue to have legal authority to make decisions and provide for the disabled individual.
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Guardianship must be structured according to the needs of the ward (the person who is the subject of the guardianship), and must provide for circumstances that are least restrictive to the ward. For example:
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Guardianship over person only - may be appropriate for a person who is mentally and physically unable to provide for their own care needs but who is mentally capable of making decisions about how to handle their property or where the person has no substantial property.
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Guardianship over property only - may be appropriate for someone whose mental capacity is sufficient to allow them to live independently, but has diminished to the extent that the person cannot handle their finances.
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Guardianship over both person and property - may be appropriate for someone whose physical and mental abilities have deteriorated to such a point that they are unable to safely care for themselves physically and are unable to handle financial decision making.
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Obtaining court approval to appoint a guardian is just the tip of the guardianship iceberg. A multitude of legal issues are intertwined with guardianship.