Does Your Loved One Need A Guardianship?

In New York, the law recognizes three separate types of legal guardianship. One is for disabled people who are unable to handle their own affairs (disability does not always equal incompetency). Another is to manage the financial estate of a minor, if the minor comes into money, and the last is for overseeing affairs of adults who are no longer able to manage on their own. The last type is the most common, and while having such a conversation with your loved one can be difficult, a Westchester County attorney can help ensure their rights are protected.

Adaptable To Each Situation

The guardianship of an adult is referred to as an Article 81 guardianship in New York, and it can be instituted when an adult is incapacitated by ‘injury, illness, or cognitive decline.’ An Article 81 guardianship can be tailored, to a degree, to reflect the degree of autonomy that a person can still exercise – for example, a guardianship may be issued over one’s finances and over one’s person, or over only one area of life.

A guardianship of the person means that the guardian is invested with the authority to make decisions regarding the day-to-day life of the ward (the person under guardianship), such as healthcare or housing. A guardianship of finances, also called a guardianship of property, focuses solely on financial affairs, which can also include legal documents and processes like estate planning.

Limitations Exist

An individual may petition the relevant court to be named either or both, though the final decision rests with the district court. There are not many requirements for an individual to fulfill in order to be named a guardian; one must simply be 18 years old. Family and friends will generally receive first priority in terms of nomination, but the court has the final say in determining the most appropriate person to act as guardian.

It is important to keep in mind that guardianships do have limits. Perhaps the most important is that a guardian cannot commit a person to a mental health care or other treatment facility unless the law allows it. If a person is, say, an alcoholic, a guardian is permitted to manage their day-to-day lives and/or their finances, but they cannot unilaterally consent to alcohol addiction treatment on their ward’s behalf.

Contact A Westchester County Elder Care Attorney

It is often difficult to realize that a loved one may need assistance with day-to-day life management skills over time. A Westchester County elder care attorney from Meyer & Spencer, PC can help you and your family through the legal process to ensure your loved one is well protected. Contact our office today at (914) 741-2288 to schedule a consultation.

Source:

nysenate.gov/legislation/laws/MHY/81.02