Bronx Guardianship Law
A Bronx Family Attorney comes across two (2) types of guardianship cases: one is where the parents are unable to take care of a minor child and the other where an adult is incapacitated and unable to take care of themselves. These cases are usually handled for minors in Family Court, but if the person is over 18 years old the case will be heard by the Supreme Court. If you are facing a situation where a minor child is not being cared for by his/her parents, or your family includes someone who can no longer care for themselves, call a Bronx Guardianship Lawyer today. At Stephen Bilkis & Associates, PLLC, we can provide you and your family free advice and guidance. We have offices throughout New York, including Westchester County, Queens, Suffolk County and Long Island.
If you are contemplating filing a guardianship case, a Bronx Family Lawyer will begin by setting out the conditions where a guardianship is warranted:
- Where a person is concerned for an individual (minor child/incapacitated adult), and wants to ensure that their estate is maintained, and their health, education and well- being are looked after.
In New York, in order for a guardian to be appointed to a child, the courts would look to see if the child has been abandoned by his/her parents, or abused or neglected or other issue regarding the parents. If granted, the guardian will take on the responsibility of providing food, shelter and education for the child. They will also be required to make all decisions related to their welfare. The guardian will have the same legal position as the parent (grandparents rights). If you need to step in to protect the rights of a child, contact a Bronx Guardianship Lawyer at Stephen Bilkis & Associates, PLLC today. We have offices throughout the NY area, including Nassau County and Suffolk County.
A guardian can also be appointed to an adult. The adult would need to be considered an “alleged incapacitated person” and over the age of 18 years. There are two types of guardianships in this instance; contested guardianship or uncontested guardianship. Commonly, the individual will be brought to court by a concerned friend or family member. The court will evaluate the individual, sometimes with the assistance of a doctor. Once appointed, the guardian may be responsible for the person’s care, or the person’s estate/property, or both. The case could involve a voluntary guardianship, which is commonly seen in situations involving the elderly.
A Bronx Guardianship Lawyer can tell you that a guardianship affects a person’s individual rights. As such, it is a serious Family Law matter that determines who has authority to make decisions on behalf of another person. A Family Law Lawyer from Stephen Bilkis & Associates, PLLC can help you and your family during this stressful time. We can assist you in finding the best situation for your loved one. Whether you need help with a Guardianship or Conservatorship, or another family matter such as Child Custody or Child Visitation, we can provide you a free consultation and advice. Call us at 800.696.9529, and meet at a location nearest to you, from NYC to Long Island.