New York Guardianship Law

There are two types of guardianships that are arranged by the court: A guardian for a child, and a guardian for an adult unable to care for themselves (an “alleged incapacitated person). When a guardianship issues arises for an individual who is not a minor—in other words, over 18 years of age—the matter will be handled in Supreme Court. When a parent is no longer able to take care of a minor child, the Family Court in Manhattan, as in Brooklyn, and elsewhere in the New York State has the authority to appoint a guardian for that child. Should your family find itself facing a situation in which a child’s parents are no longer able or willing to provide care for that child, or your family includes an adult loved one that is not able to care for him- or herself, speak with a New York Guardianship Lawyer at Stephen Bilkis & Associates, PLLC today. With free initial advice, our New York Family Lawyers can get you through these kinds of wrenching legal issues facing your family, whether you live in anywhere in NYC, Westchester County, or on Long Island.

Your New York Family Lawyer recognizes that in New York, like in most states, a presumption exists under the law that individuals 18 years old and older can manage their own affairs. However, the case of an adult who suffers from a disability or is otherwise incapacitated may be brought before the court. The court will then evaluate their circumstances, calling in a doctor for input as necessary. A case of voluntary guardianship might occur when, for example, an elderly individual decides to put decisions regarding his or her care and assets or estate in the hands of someone they have chosen and trust.

A minor child may end up with a guardian when their parents are unable to care for them—whether through death, abandonment, abuse, or neglector another issue. The child may be put in the temporary care of a relative such as a grandparent (see grandparents rights), for example. A guardian for a child will have the same legal authority as a parent would.

For any individual, adult or child, who is not fully capable of making and/or communicating decisions about their personal affairs, a court-appointed guardian will hold responsibility for making such necessary decisions as well as for managing their affairs. At Stephen Bilkis & Associates, PLLC, with offices from Manhattan, Queens to both Nassau County and Suffolk County, a New York Guardianship Lawyer is ready to help explain the various types of guardianship that the Family Court or (for an adult) Supreme Court might appoint. You may, for instance, become the personal guardian who is responsible for all aspects of care. Alternatively, you may be appointed as property guardian, with responsibility only for the estate/property of the minor or other incapacitated adult (so you would not have responsibility for their everyday needs, from shelter to education and healthcare). It is also possible to be appointed as both personal guardian and property guardian, and your New York Family Lawyer will help you attain the best situation for you.

Clearly guardianship has a significant impact on the personal rights incapacitated adult or the child. This makes it a significant Family Law matter, one determining who will have the decision-making authority for another person. We encourage you to contact a New York Guardianship Lawyer in the Law Offices of Stephen Bilkis & Associates, PLLC so we can help ease your family’s burden. We can help ensure you effectively and legally establish an appropriate situation for the care of your loved one. Call 800.696.9529 and a New York Family Lawyer will advise you from conservatorship to guardianship, as well as other matters of Family Law, from Divorce, to Custody. Dial 800.696.9529. We’re ready to meet you in our office located nearest you, from Staten Island to Queens or any other of our locations throughout New York City and Long Island.

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