NY Guardianship Law Lawyer
If you are contemplating pursuing a Guardianship case, a NY Family Attorney will be able to inform you that they are different types, depending on what your particular circumstances are. Sadly, Guardianships over children can be necessary where it is found that the child (or children) is a victim of domestic violence, abandonment, or parental neglect. Guardianships can also involve handling the needs of an adult who because of injury, illness or disability cannot carry out their daily responsibilities or tend to their own personal needs. The NY Supreme Court will hear these types of cases, while Family Court is responsible for child Guardianships. Regardless of the type of case you are dealing with, you will need the help of a qualified NY Guardianship Lawyer to tend to the legal details.
At your consultation, you will learn what conditions need to be present to legally justify a Guardianship:
If you are concerned for the health, safety and welfare of an individual (either a child, children, or an adult) who cannot function properly in terms of handling their day to day affairs (including obtaining food, shelter, medical attention) or cannot maintain their estate or material possessions responsibly, a Guardianship may be warranted.
A Guardianship could be necessary in a situation where an adult, because of disability or illness, has become incapable of adequately and appropriately caring for their own personal well-being. They may not be able to feed themselves, or handle any of the day to day activities necessary to sustain an appropriate quality of life. In this instance, a concerned loved one or perhaps close friend would open a case and bring them in front of a judge. The Judge would investigate the matter, and may seek the counsel of a medical doctor or psychologist. If it is then determined that a Guardianship is needed, the guardian would be given authority over this person. This authority would extend to making decisions that directly affect this individual’s welfare. The guardian could also receive control over the individual’s estate, depending on the circumstances. Guardianships are frequently seen where the individual is elderly, which is known as a Voluntary Guardianship.
Sadly, when a child is abandoned by his/her parents, or the child has fallen victim to emotional and/or physical abuse, it may be necessary to step in and file for Guardianship. For all intents and purposes, the Guardian would act as the parent, providing the child with everything they need (education, food, medical/dental care, and shelter). Becoming a guardian is a big step, so it is important that you enlist the help of a qualified NY Guardian Lawyer to guide you.
A Guardianship essentially alters the rights of an individual in a fairly serious way. To fully understand the impact of this and do what is best not only for you but your family member or friend, contact the office of Stephen Bilkis right away. We can help in all Family Law matters, and have experience in everything Divorce to Child Support to Child Custody. We offer free consultations in all of our centrally located offices, whether you live in Manhattan Queens Westchester County, Brooklyn or Long Island. Phone us as soon as possible at 1.800.NY.NY.LAW (1.800.696.9529).