Deciding whether a guardianship is the right choice for a loved one can be challenging. However, a well-structured guardianship can ensure the welfare of a person you love, both now and after you are gone. But how do you identify the type of guardianship you need and navigate the legal process in New York? A Westchester County guardianship attorney from Amoruso & Amoruso LLP can guide you every step of the way.
When is Guardianship Necessary in Westchester County?
Various circumstances may make a guardianship appropriate. Generally, individuals may require guardianship when they cannot manage their personal and financial affairs and have no alternative arrangements for someone to handle those decisions. New York courts will appoint a guardian when they determine that a person will otherwise suffer personal or financial harm without legal supervision.
Types of Guardianship We Handle
New York recognizes several types of guardianship. At Amoruso & Amoruso LLP, we assist clients with:
- Guardianship of an intellectually or developmentally disabled person (Article 17-A) – This kind of guardianship pertains to adults with intellectual or developmental disabilities that manifested during childhood.
- Uncontested Article 81 guardianship of an incapacitated person – An Article 81 guardianship protects individuals who lose the capacity to make decisions due to age, illness, or disability. An uncontested guardianship means there are no disagreements over the need for a guardian and who the guardian should be.
New York courts focus on ensuring that guardianships are in the ward’s best interests. Engaging a legal professional during the process can ensure that the guardian understands their responsibilities and the guardianship is designed to provide the ward with the right benefits and support.
The Guardianship Process
There are several steps you must take to pursue a guardianship in New York:
- Petition – The person seeking to serve as guardian (such as a parent, relative, or trusted friend) must petition the appropriate court. The petition must explain the necessity of the guardianship with supporting documentation.
- Notification – The petitioner must notify all interested parties of their intent to be appointed guardian, including the proposed ward.
- Hearing – The court reviews the evidence and gets input from all interested parties. A judge may assign an evaluator to assess the ward’s needs.
- Order – If approved, the court will formally grant legal authority for the petitioner to serve as guardian.
Guardianships are closely monitored by the courts. Each year, the appointed guardian must provide the court with an accounting of all actions taken on behalf of the ward.
Modifying Guardianships in Westchester County, NY
Some guardianships, like a 17-A for a developmentally disabled person, often last for the duration of the ward’s life. However, it is possible to modify a guardianship in New York.
For those with high-functioning intellectual disabilities, you could obtain a temporary guardianship to oversee the ward as they mature into adulthood, giving the court time to assess whether the arrangement is still necessary.
Courts can also modify Article 81 guardianships if a ward who was incapacitated regains the ability to manage some or all of their affairs, restricting or expanding the scope of the guardian’s authority accordingly.
The legal processes to end or modify a guardianship vary by location, so it’s best to check with an experienced guardianship attorney to learn what to do in Westchester County.
How Our Westchester County Guardianship Attorneys Can Help
The legal team at Amoruso & Amoruso LLP can help you establish or manage a guardianship for a loved one by:
- Reviewing the individual’s situation to determine the appropriateness of a guardianship
- Evaluating which type of guardianship your loved one needs
- Helping you prepare the guardianship petition and gather supporting documentation
- Representing your interests in court
- Helping you manage your duties set by the court
Setting up a guardianship can be a confusing and overwhelming process. An experienced attorney from Amoruso & Amoruso LLP can explain your options and develop a legal arrangement that works in everyone’s best interests. Contact us today for an initial consultation with a guardianship lawyer in Westchester County.
