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Establishing a guardianship

Guardianship is a legal process in which an adult is appointed to care for someone who cannot handle their affairs due to incapacity, disability or age. In New York, guardianship can help to ensure that minors or incapacitated adults receive the proper care and protection they need.

Someone who is seeking to become a guardian must prove that the individual at issue cannot make responsible decisions about their health, safety and/or finances. This can be a complex and emotional process, requiring clear evidence, and often the testimony of medical professionals.

What is the guardianship process?

If you are interested in initiating guardianship in the State of New York, you must first petition the Supreme Court or Surrogate’s Court. Though both Court’s have different requirements and rules, the petition should, amongst other things, include:

  • Details about the person in need of a guardian, and why they are in need of a guardian
  • The proposed guardian
  • A guardianship plan
  • Supporting documents such as medical records and financial statements

The court will schedule a hearing to review the case once the petition is filed. During this hearing, the judge will evaluate the evidence and listen to testimonies from relevant parties, including family members, doctors, care managers, social workers, etc. The court aims to ensure the person needing guardianship has their best interest met by giving orders on adequate care and support.

If appointed full guardian of an individual’s person and property, the guardian will have the authority to make all decisions on behalf of the individual, including their finances. This authority can include making decisions about healthcare and living arrangements as well.

Ultimately, a guardianship will employ the “least restrictive” means possible in order to ensure the person in need’s health and safety.

Navigating the guardianship process can be difficult without the help of a legal team. Legal support can provide invaluable guidance, helping ensure all legal requirements are met and the petition is presented effectively. By understanding the steps involved, you can ensure the person in need receives the best possible care and protection.

Stepping into the role of guardian can allow one to provide stability for a persons in need by granting another the legal authority to make essential decisions and advocate for the best interests of one who cannot do so themself. This role can help to safeguard another’s well-being, and thrive in a compassionate and more supportive relationship. Becoming a guardian is often a profound act of dedication and care, reflecting a guardian’s responsibility to enhance the quality of life for those under their protection.

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