New York City Guardianship Law Lawyer
As our team of New York City Family Lawyers will tell you, if an adult or a child is not able to take care of himself or herself, the New York courts may appoint a guardian to oversee that person’s care. This may happen in the case of an adult (over 18 years old) who is incapacitated, in which case it will be handled by the Supreme Court. In the case of a minor (under 18) whose parents are deceased or have abandoned, abused, or neglected the child or have other extenuating circumstances, it is the Family Court in New York City—in Manhattan and the other boroughs—that will handle the guardianship issue. The court-appointed guardian may have authority to provide daily care, to manage the individual’s property, or both. If your family includes an adult unable to care for themselves, or a child whose parents can no longer care for him or her, discuss the situation with a New York City Guardianship Lawyer on the staff at Stephen Bilkis & Associates, PLLC. We’ll give you free initial advice about your legal options for negotiating such wrenching issues, whether your family is in Westchester County or living in Brooklyn.
As your New York City Family Lawyer can advise you, in the state of New York—as for most other states—under the law there is a presumption that an individual who is 18 or older will be capable of managing their affairs for themselves. However, some adults will not be seen as being capable of fully making or communicating their own decisions, perhaps because they are elderly or suffering from a disability. Such a person might be brought before the court, perhaps by concerned family members or friends. The court will evaluate the situation, calling in a doctor for input as needed. A guardian appointed by the court will be responsible for making decisions on behalf of the “alleged incapacitated person” and/or for managing affairs for that individual. There may be a contested guardianship or an uncontested guardianship. Sometimes, an elderly individual might request to set up a voluntary guardianship, so that they are certain that their care and their estate are in the hands of a trusted person of their choosing.
A New York City Guardianship Lawyer at Stephen Bilkis & Associates, PLLC, in our Manhattan and Queens offices or out to our Suffolk County office, can be sure you understand that a child’s guardian is seen as having the same legal authority a parent would have (grandparents rights). We can also explain the different kinds of guardianship you may be granted by New York City Family Court or (for guardianship of an adult) Supreme Court. If you are appointed as personal guardian, you will be responsible for all aspects of care, from providing the individual with shelter, to satisfying healthcare needs and, in the case of a child, making sure that child gets an education. If you are appointed as the property guardian, you will be responsible for only the property (the estate) of the incapacitated adult or child, and not for their everyday care. It is possible, too, that you can be appointed both as the personal guardian and as the property guardian.
In the Law Offices of Stephen Bilkis & Associates, PLLC, each New York City Family Lawyer realizes that guardianship issues are significant Family Law matters, with a major impact to the personal rights of the alleged incapacitated adult or child. A New York City Guardianship Lawyer from our offices can help you navigate how to best get legal decision-making authority assigned for your loved one, and encourage you to call us as soon as possible at 1.800.NY.NY.LAW (1.800.696.9529). We’ll work to ease the burden on your family, and to ensure the effective and legal establishment of the best situation for your family. Call for advice on any probate matter— guardianship and conservatorship—and on other Family Law such Divorce matters which include issue of Child Support, Custody, and more. Whether you’re on Long Island or on Staten Island, we’re available to meet with you in whichever of our NY-area offices is convenient for you.