Queens Guardianship Law

Frequently, a Queens Guardianship Lawyer sees two types of guardianship cases in their practice. There are guardianship cases that deal with incapacitated adults (over the age of 18 years old). There are also cases that involve guardianship filings for minor children who are victims of child abuse, neglect or abandonment. Family Court can govern child guardianship case in New York, while the Supreme Court hears all adult guardianship cases. These cases are emotionally stressful on the family and friends. If you are dealing with this type of situation, call a Queens Guardianship Lawyer from our office today. We can lend initial free advice and counsel and ensure your loved one receives the care they deserve.

A Queens Family Lawyer will discuss the basic criteria that need to be present to move forward with a guardianship case.

• A person is concerned for the medical and psychological welfare of another and want to ensure that this individual’s physical needs will be met, and their estate will be properly maintained.

An adult guardianship would be appropriate where it is clear that the individual is an “alleged incapacitated person.” This means that the person is physically and/or mentally unable to care for themselves or deal with the duties of day to day living. If a guardianship is sought, a relative or friend would bring the incapacitated person to court for an evaluation and assessment by the court. The court may use the assistance of a physician to make their determination. If a guardianship is granted, the guardian would have the authority to make decisions on behalf of the individual, including medical decisions (anything that affects their physical well-being), their property, or both. A voluntary guardianship works in a similar way, and is commonly seen where the individual is elderly.

In New York, a guardianship can be filed for a minor where it is determined that there are issues of child abuse, child neglect, and/or the child has been abandoned by his/her parents. If a guardian is appointed in this instance, they will be making the same decisions for the child as the parent (regarding food, shelter, medical attention, and education). In order to receive the best possible outcome for your case it is important that you contact a Queens Guardianship Lawyer from our office. This is a significant legal responsibility, so it is important to have the guidance of counsel. We have offices available throughout New York, including Long Island, Nassau County and Suffolk County and Westchester County as well.

A guardianship significantly alters an individual’s legal rights, and as such is a serious Family Law issue. Contact a Queens Guardianship Lawyer from the office of Stephen Bilkis & Associates, PLLC today. We can offer you a free consultation at one of our many offices, from Manhattan to Long Island. Call us to arrange for your appointment at 800.696.9529.