Staten Island Guardianship Law
A Staten Island Family Attorney sees different types of Guardianship matters in their practice. One type deals people that require a Guardianship that are over 18 years of age. The other involves minors who have parents unable to meet their needs and in some instances abused and neglected. In New York, matters involving children are handled in Family Court; Guardianships over adults are heard in the Supreme Court. If you are dealing with this emotionally stressful situation and need advice, contact a Staten Island Guardianship Lawyer right away.
When you first speak with a Staten Island Family Lawyer, they will clarify the circumstances that need to be present in order to move forward:
- A person is concerned for the physical and mental welfare of another. This person wants to be certain that this person’s medical and physical needs are attended to. They also want to be assured that their material estate will be looked after in an appropriate way.
A Guardianship for an incapacitated individual would be required where they are over the age of 18, and it is evident that they are not able to maintain their personal affairs in a responsible way or attend to their own physical needs. In this instance, the Judge would listen to the case, (usually filed by a relative or loved one), and conduct an assessment on the individual. The court may consult with medical doctor. If the court finds that a Guardianship is warranted, the court-appointed guardian would be given the authority to make all necessary decisions on this individual’s behalf, including matters regarding their physical well-being and/or material property. Voluntary guardianship cases play out in a similar way, and often involve cases where there is illness or infirmity present due to advanced age.
In New York, a guardian may be appointed to care for a child when it is found that there are issues regarding child abuse and child neglect, abandonment, or where the child’s basic necessities are otherwise being withheld. When a guardian is appointed, they will be held accountable for the care of the child, including their physical and mental well-being, their education, medical attention, food and shelter. When you contact a Staten Island Guardianship Lawyer, they will explain that the guardian will have the same rights and responsibilities as the parent. This is a serious legal responsibility, so it is important that you call us today for guidance. We have offices throughout the NYC area, as well as Long Island, Nassau County and Suffolk County. In addition to handling Guardianship cases the firm handles all aspects of Family Law including Divorce, Fathers rights, Child Custody, Child Visitation, Grandparents rights, Child support, Relocation petitions as well as adoption and many other family cases.
Obtaining guardianship over an individual involves impeding someone’s personal rights and is a serious Family Law matter. Contact a Staten Island Guardianship Lawyer from Stephen Bilkis & Associates, PLLC right away. We can lend free legal advice and counsel at this critical time. We have offices to serve you from Manhattan to Long Island. Call us and set up an appointment at your convenience at 800.696.9529.