Applications are available in the local county surrogate's court and, once completed and notarized, are returned to the court with a filing fee.
Guardianshipof an adult can be an effective legal tool that family members use to protect adults with special needs. However, adult guardianships are not appropriate for all situations, and other legal tools may be a more appropriate means of achieving a family's goals. Other family members and friends with the legal capacity to do so can also challenge the guardianship of an adult.
By accessing legal advice from an experienced guardianship attorney, New York families can use the right legal tools for adults with special needs and protect their guardianships from legal challenges. The highly qualified attorneys at Goldfarb Abrandt Salzman & Kutzin have decades of experience connecting New Yorkers with the legal tools they need to enact effective and binding adult guardianships. It is important that the person seeking guardianship (the petitioner) carefully consider the needs of the person who is believed to need a guardian and to seek guardianship solely on the basis of those needs. For guardianship matters that are especially complicated, the courts may award greater compensation to the guardian.
Legal challenges to a guardianship may require significant investments of time and money that would be better invested in serving the needs of the adult. Guardianship Case Depending on the type of guardianship sought and the person on whom the guardianship is sought, the case may be heard in the Supreme Court, County Court, Family Court, or Surrogacy Court. Adult guardianships are used to help disabled adults who are unable to care for themselves or need help managing their assets or financial affairs. Anyone who feels they need to become a guardian rather than a friend or loved one is strongly encouraged to contact a New York guardianship lawyer to discuss their petition and work on the legal issues that come with guardianship, such as asking the court for compensation for acting as a guardian.
This is a procedure filed in substitute court that allows guardianship of a person with an intellectual disability or developmental disability. This is a Supreme Court procedure that allows for guardianship of a person who is unable to care for themselves due to a variety of reasons, including old age, Alzheimer's disease, dementia, etc. Finally, there is a broad provision that allows “anyone who is concerned about the welfare of the person who is allegedly unable to file guardianship cases. Learn more about guardianship of an adult with intellectual or developmental disability (Guardianship Section 17-A) and where to file this type of case.
Guardianship is a legal agreement in which a court gives a person or organization the legal right to make decisions for another person who cannot make all or only certain decisions on their own. Congress has established a special guardianship fund to pay certain costs in these circumstances, but lawyers serving the guardian or conservatee must ask the court to pay this fund. It may seem like a relatively easy solution to an unfortunate problem, but guardianship and conservatorship procedures can be a costly business. There are times when the Court rejects the request for guardianship or the matter may be suspended by agreement of the parties.