Setting up a guardianship for a loved one can be a difficult choice. However, many New Yorkers find it to be an essential consideration during estate planning.
An older family member with dementia or an adult with special needs may be incapable of making all their own decisions effectively after you die. Appointing a guardian allows you to grant authority to a trusted individual to act in their best interests and provide appropriate support. With the help of a guardianship attorney in Greenburgh, NY, you can rest easy, knowing that your loved one will be cared for when you no longer can.
If you need more information about guardianship in Greenburgh, NY, contact Amoruso & Amoruso LLP to arrange an initial consultation. With nearly 60 years of combined legal experience, our skilled lawyers can guide you through the process from start to finish.
What Is Guardianship?
In New York, a guardianship gives a person the legal authority to make decisions for someone else. Guardians are appointed by a court and have only the specific powers granted by the court. A person with a guardian still has any powers not explicitly granted to the guardian.
Types of Guardianship in the State of New York
Types of guardianship in Greenburgh, New York include:
- Article 17-A guardianship – This type of guardianship gives someone the power to make decisions for an intellectually or developmentally disabled adult whose disability began in childhood.
- Article 81 Guardianship – An Article 81 guardianship is reserved for individuals who lose capacity due to illness, age, or disability. An uncontested guardianship means that all interested parties agree on the need for a guardian and who the guardian should be.
There are also less restrictive alternatives to guardianship, such as supported decision-making or an advance healthcare directive. Please note that Amoruso & Amoruso LLP does not handle guardianship for minors in Greenburgh, NY.
When Is Guardianship Necessary?
Guardianship is necessary when a person has a condition that affects their ability to think clearly and make reasonable decisions. This could be due to a disability, an injury, or an illness like dementia.
Before granting a guardianship, New York courts weigh whether the potential ward is:
- Unable to meet personal or financial needs
- Incapable of making reasonable decisions; and,
- Unaware of their need for help and therefore at risk of harm
The courts are also careful about not imposing unfair restrictions on a person’s liberties. An experienced guardianship lawyer can help you prepare a petition demonstrating the individual’s need for appropriate support and supervision.
Choosing the Right Guardian
To qualify to serve as a guardian, a person must be at least 18 years old. Guardians are usually family members or friends, but judges can appoint someone else to be a guardian if they believe there is a more appropriate choice.
Contact Our Greenburgh, NY Guardianship Lawyers Today
Amoruso & Amoruso LLP is a law firm with extensive experience in guardianship, special needs planning, and elder law in Greenburgh, NY. Our attorneys are nationally recognized estate planning and elder law leaders. Michael J. Amoruso is a former president of the National Academy of Elder Law Attorneys. Sreelekha Chakrabarty Amoruso is a member of the National Academy of Elder Law Attorneys and the New York State Bar Association Elder Law Section.
If you need help establishing legal guardianship in Greenburgh, NY, contact Amoruso & Amoruso LLP today for a consultation with one of our lawyers.
