Experienced and Established Guardianship Attorneys in New York State
Many families have a loved one who suffers from an intellectual or developmental handicap or who eventually loses the ability to make their own financial and personal decisions. In these situations, guardianship may be required.
At Tully Rinckey, we can submit the petition for guardianship, outline the guardian's responsibilities, and help the guardian with the yearly financial reports that the court requires. We can also help with advocating for a guardian's interests in court and other relevant matters, such as submitting a request to increase the guardian's authority or safeguarding assets to preserve the person in need of a guardian's eligibility for government assistance.
What is a Guardianship?
Simply explained, guardianship is a situation in which one person is designated by law to manage the affairs of another. The guardian, who will be chosen by the court, will have the power to make decisions on behalf of the minor child or incapacitated adult. There are various guardianship arrangements available, each serving a particular purpose. These include guardianships for the person, property, person and property, and ad litem. Creating a guardianship is a challenging process. It is in your best interests to speak with an elder law attorney with experience.
Do I Need a Guardianship?
There are additional ways to service individuals who might otherwise need a guardian through healthcare proxies, powers of attorney, trusts, and more. A Tully Rinckey guardianship attorney can help you determine the best course of action and help your loved ones manage their personal finances and freedoms.
How to Establish a Guardianship in New York
A guardianship petition must be filed in order to establish a guardianship. When it comes to elder law, it is common for a loved one or social services to file the initial petition. Although anybody may apply to serve as a guardian, family members are given preference. Following the petition's submission, the court will hold a hearing to consider the guardianship request. Letters of guardianship will be issued if authorized. If any family members object to the choice of a guardian or the need for guardianship, a case may be initiated to further investigate the situation.
