A guardian is someone who is appointed to make crucial decisions for another person who can't make those decisions on their own. This may involve guardianship for minors, an adult with intellectual or developmental disabilities, or an adult who becomes…
A guardianship proceeding can be very expensive, time-consuming, and emotionally and physically draining—for the person who needs a guardian and the family members as well. Why Guardianship is Such a Hassle You have to file a petition with the court You have to serve…
New York state has three types of guardianship proceedings to appoint a guardian. The need for a guardian may arise in various situations, such as when parents have a special needs child, someone is caring for a disabled adult after…
Healthcare costs can be extremely expensive, especially so when considering the care of an incapacitated person. Depending on the nature of the person’s incapacities, they could require significant amounts of home care or placement in a residential facility offering care…
What are the duties of a guardian? The purpose of Article 81 of the Mental Hygiene Law is to promote the public welfare by establishing a guardianship system that is appropriate to satisfy either personal or property management needs of…
A Guardian is appointed by a court of competent jurisdiction to make medical decisions (guardian of the person) and/or financial decisions (guardian of the property) for another person who no longer or never had the capacity to make those decisions…
A guardian of the person having authority over an incapacitated person’s personal needs has many powers, among which is to choose the place of abode of the incapacitated person. But where a guardian determines that the interests of their ward…
Oftentimes parents of children with special needs, whether developmentally or intellectually, mistakenly believe that they may continue to make decisions on their child’s behalf after the child turns eighteen (18) years of age. However, once the child attains the age…
A minor child is an individual who is under eighteen (18) years of age, who is not married, and who is not in military service. When you have a minor child, it is essential that you nominate a guardian of…
Whether or not you have an estate plan in place, if you have underage children, you must take action to plan for their care in the unfortunate event you are no longer able to. This means considering guardianships for minors…